ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Crl. Bail Appln. No. S-  503 of 2022.

 

Date of hearing

Order with signature of Judge

 

31.10.2022.

 

1.         For orders on office objections.

2.         For hearing of bail application.

 

            Ms. Akhtiar Begum, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J-  Through instant bail application, applicant Mst. Mukhtiar Khatoon Chandio seeks her release on post-arrest bail in case registered vide Crime No.10/2022 registered with P.S Abad Meelani (District Shikarpur), for offence punishable under Sections 371-A, 371-B, 365-B P.P.C read with Section 3 (2) of Prevention of Trafficking in Persons Act, 2018. The applicant approached the trial Court with the same prayer, which has been declined by learned 3rd Additional Sessions Judge, Shikarpur, vide Order dated 13.09.2022.

 

            In nutshell, the case of prosecution is that on 22.8.2022 ASI Ayaz Ahmed Solangi of P.S Abad Meelani alongwith other police staff was on patrolling during which he received information through spy that, a lady, namely, Tehmina alias Aisha abducted from Lahore was sold out at Sehwan Sharif and accused Adam, Nizam, Shahzado and one unidentified accused are shifting her in a Mehran car of white color for purpose of selling her and were going towards Guddu road, as such the police party reached pointed place, where they saw two men and two ladies sitting in the specified car; the police party signaled them to stop and ultimately apprehended them in presence of mashirs, namely, P.C Imtiaz Ali and P.C Muhammad Haroon and on enquiry, one of the ladies disclosed her name to be Mst. Tehmina alias Aisha and further  that on 01.8.2022 she went to Data Dargah Lahore, wherefrom she was abducted by accused Asghar and Mst. Ghulam Fatima and she was brought at Sehwan Sharif and was sold to one Khalid Hussain, Mst. Mukhtiar Khatoon (present applicant) and Anwar Ali, who were selling out her to another place. Another lady disclosed her identity to be Mukhtiar (present applicant), while male accused disclosed themselves to be Khalid Hussain and Anwar Ali. The accused persons failed to produce documents of the car, as such same was also seized under Section 550 Cr.P.C under mashirnama. The accused persons and the alleged victim were brought at Police station, where complainant lodged F.I.R to the above effect. 

 

            Learned counsel for the applicant mainly contended that all prosecution witnesses are police personnel; that there is no active role assigned to applicant and prior to registration of instant case, the SHO taken bribe from brother of applicant in connection with some case registered by applicant’s brother for taking action against the accused persons and on due to demanding back their money, the SHO managed and registered this false case. Learned counsel further added that the applicant is an ailing lady; she suffers from Hepatitis-C and is diabetic patient, as such her remaining in jail would be detrimental to her life.  According to learned, the case has been challaned and physical custody of the applicant is no more required to police for the purpose of further investigation. The learned counsel prays for grant of bail.

 

            Conversely, learned D.P.G. opposed the grant of bail to the applicant on the grounds that the applicant is nominated in F.I.R; she was apprehended red handed alongwith abductee and co-accused; that the offences is heinous one and is against society; that the applicant is a habitual offender, as she already stands challaned in such likes cases and that the alleged offences fall within prohibitory clause of Section 497 Cr.P.C.

 

            I have given due consideration to the submissions made by the learned counsel for parties and perused the record. Perusal of record shows that name of applicant is appearing in the F.I.R with specific version that she and co-accused Khalid Hussain and Anwar Ali and all of them including applicant were shifting Mst. Tehmina alias Aisha to Guddu town for selling her to someone else; however on the way they were confronted by a police party, who caught hold them read-handed alongwith victim. The victim Mst. Tehmina alias Aisha was produced before concerned Magistrate, who recorded her statement in terms of Section 164 Cr.P.C, wherein she fully implicated the present applicant with specific role as mentioned in F.I.R. The crime involved in the instant case relates to an offence against society and heinous one, falling within prohibitory clause of Section 497 Cr.P.C.  As is evident from the record, the applicant appears to be habitual offender; she also stands challaned in similar type of case i.e. F.I.R No.114/2022 under Sections 363, 364-A P.P.C read with Section 3 (2) of the Prevention of Trafficking in Persons Act, 2018.

 

The material collected during investigation, prima facie links the applicant/ accused with commission of alleged offence, which otherwise does fall within prohibitory clause disentitling applicant to grant of concession of bail. Accordingly, the instant bail application being merit less stands dismissed. However, learned trial Court is directed to expedite trial of the case and conclude the same within a period of preferably sixty days hereof.

 

Needless, to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case on merits.

 

 

                                                       Judge

 

Ansari