ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-729 of 2021

Date	Order with signature of Judge

Applicants: Noor Muhammad and others, through

Mr. Ali Dad Narejo, Advocate

Complainant: Mst. Gohar Khatoon, through

Syed Zafar Ali Shah Bkhari, Advocate

State: Through Mr. Zulfiqar Ali Jatoi,

Additional Prosecutor General

Date of hearing: 11.02.2022

Dated of order: 11.02.2022

O R D E R

Zulfiqar Ali Sangi, J: Through this bail application, applicants/ accused Noor Muhammad, Sada Hussain, Gada Hussain and Dost Muhammad all by caste Narejo, are seeking their pre-arrest bail in FIR No.85/2021, registered at Police Station Khuhra, District Khairpur, u/s 365-B PPC. Earlier their same plea was declined by the learned Additional Sessions Judge-IV, Khairpur, vide order dated 04.11.2021.

2. Learned counsel for the applicants has contended that there is delay of two days in registration of FIR and same has not been explained. He next contended that complainant with malafide intention has registered the FIR as prior to this an FIR bearing Crime No.53/2021, u/s 365-B and 34 PPC was registered against the complainant’s son Samiullah and others by applicant Noor Muhammad therefore to make a counter case this FIR has been registered. He also contended that JIT recommended the case to be disposed of under ‘B’ false class however, learned Magistrate has taken the cognizance. He lastly prayed that the interim pre-arrest bail granted to present applicants may be confirmed.

3. Learned counsel for the complainant and learned APG have opposed the bail on the grounds that the applicants are nominated in the FIR, there are direct allegations against the applicants, abductee was recovered by the police and she has supported the version of complainant in her 161 Cr.P.C statement as well as in 164 Cr.P.C statement, offence fall within prohibitory clause of section 497 Cr.P.C, and there is no malafide on the part of complainant to falsely implicate the applicants.

4. I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

5. Record reflects that prior to the registration of present FIR which was lodged on 12.09.2021, an FIR No.53/2021 as referred by learned Counsel for the applicants and the same is placed on record through statement, was registered by applicant No.1 Noor Muhammad on 02.06.2021 wherein the complainant’s son Samiullah and others were nominated as an accused with specific role, which prima facie shows the malafide of the complainant in registration of present FIR. Beside this, after investigation by the JIT the case was recommended to be disposed of under ‘B’ false class, however learned magistrate did not agree with the JIT report and has taken the cognizance of the case. There is no cavil to the proposition that the opinion/report of the Investigation Officer does not bind the court in any manner yet the courts can peep into its persuasiveness and vitality for the purpose of grant or refusal of bail tentatively to the accused (2010 P.Cr.L.J 1818).

6. From the tentative assessment of the material available on record, the applicants make out the case for confirmation of their pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 08.11.2021, is hereby confirmed on same terms and conditions.

7. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

JUDGE

Suleman Khan/PA