IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S- 84/2022.

Date of hearing

Order with signature of Judge

1. For orders on office objection at Flag ‘A’.

2. For hearing of pre-arrest bail.

Applicants/accused: 1. Mst. Fatima D/O Muhammad Ali,

2. Asad S/O Illahi Bakhsh,

Through Mr. Anwar Ali Lohar, Advocate.

Complainant: Riaz Ahmed S/O Wali Muhammad Leghari, through Mr. Shafique Ahmed Leghari, Advocate.

State: Mr. Aftab Ahmed Shar, Additional P.G along with PW Sikandar Ali uncle of complainant.

Date of hearing : 31.03.2022.

Date of Order: 31.03.2022

AMJAD ALI SAHITO J, Through this order, I intend to dispose of pre-arrest bail application filed on behalf of applicants/accused Mst. Fatima daughter of Muhammad Ali and 2) Asad son of Illahi Bakhsh both bycaste Soomro in Crime No.24 of 2021, offence under sections 452, 365-B PPC registered at Police Station Daharki, District Ghotki. Prior to this, the applicants/accused named above filed such application for grant of pre-arrest bail but the same was turned down by learned Additional Sessions Judge Daharki vide order dated 18.11.2021 hence he has filed instant bail application.

2. The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce the same hereunder.

3. Per learned counsel, applicants/accused are innocent and they have been falsely implicated in this case. In this case there are three versions, one narrated by complainant Riaz Ahmed father of alleged abductee Mst. Iram in the subject FIR in which he has disclosed that present applicant No.2 Asad along with co-accused kidnapped his daughter Mst. Iram but name of applicant/accused No.1 Mst. Fatima is not appearing in the FIR and in 164 Cr.P.C Mst. Iram alleged abductee has given another version while filing C.P No. D-283 of 2021 before High Court of Sindh circuit Hyderabad by stating that no one has abducted her. He further contended that challan has been submitted and applicants/accused are attending the trial Court and they are no more required for further investigation. Lastly counsel for applicants prayed for confirmation of interim pre-arrest bail already granted to the applicants/accused.

4. On the other hand learned Additional P.G as well as learned counsel for complainant vehemently opposed for confirmation of pre-arrest bail on the ground that alleged abductee has implicated the applicants/accused with the alleged offences as such they are not entitled for confirmation of pre-arrest bail.

5. I have heard learned counsel for applicants, learned counsel for complainant, Additional P.G and have gone through the material available on record.

6. Admittedly this is a case of three versions, one version given by complainant Riaz Ahmed father of alleged abductee while lodging the FIR that on the day of incident, the applicant/accused No.2 Asad along with co-accused named in the FIR entered into the house and abducted Mst. Iram but the name of lady applicant/accused Mst. Fatima does not transpire in the FIR, whereas in C.P No.D-283 of 2021 filed by alleged abductee along with one Waqar Ali before High Court of Sindh circuit at Hyderabad wherein she has stated that she has contracted marriage with petitioner No.2 Waqar Ali on her free will, without any duress or coercion and no one has abducted her but her father has declared her Kari and lodged a false FIR against them. Learned counsel for applicants/accused has filed statement along with some documents including copy of C.P No.D-283 of 2021 filed on 24.02.2021 before High Court of Sindh circuit Hyderabad wherein learned counsel has inter alia contended that on 13.2.2021 petitioner Mst. Iram (alleged abductee) has contracted marriage with petitioner No.2 Waqar Ali /co-accused out of her free will and consent, such nikahnama is annexed with the petition. Counsel for applicants/accused further contended that respondent No.6 Riaz Ahmed in the above petition who is father of alleged abductee, has declared them Karo Kari as such she stated that the FIR lodged by father of alleged abductee is false and baseless. Surprisingly while after recovery of alleged abductee she has given a different story, it is yet to be seen at the time of trial that which version is correct as complainant and alleged abductee has changed their version from time to time. Learned counsel for applicants submits that challan has been submitted and applicants/accused are no more required for further investigation. Case of accused persons was one of further inquiry falling within the ambit of S.497(2) Cr.P.C entitling them for the concession of bail.

7. In view of above discussion, learned counsel for the applicants/accused has made out a good case for confirmation of bail in the light of sub section (2) of Section 497 CrPC, hence interim pre arrest bail already granted by this Court to the applicants/accused Mst. Fatima and Asad vide order dated 21.02.2022 is hereby confirmed on same terms and conditions.

8. Needless to mention that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of the applicants on merits.

9. The bail application stands disposed of in the above terms.

J U D G E

Irfan/P.A