ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-243 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

29.10.2021

                        Mr.Asif Hussain Muhammad Nawaz Chandio, Advocate for applicant.

Mr. Muhammad Afzal Jagirani, Advocate for complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with one more culprit,        in furtherance of their common intention, abducted Mst.Farzana w/o Zubair Ahmed with intention to commit rape with her, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned Sessions Judge, Shikarpur, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR has been lodged with delay of about five days and the role attributed to the applicant in commission of the incident is only to the extent that he facilitated the incident; therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Additional Prosecutor General for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicant by contending that he has committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about five days and such delay having not been explained plausibly could not be overlooked. Mst.Farzana it is said has married of her own accord with               co-accused Barkat Ali by denying her marriage with Zubair Ahmed, and such    fact he has confirmed by putting her appearance before this Court in C.P.      No.S-349/2020 (Re.Mst.Farzana Vs. S.S.P Shikarpur and others). Even otherwise, the role attributed to the applicant in commission of the incident is only to the extent that he facilitated the abduction of Mst.Farzana. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant application is disposed of accordingly.     

                                                                                              J U D G E