ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

 

Crl. Bail Appln. No. S-  504 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.114/2022 registered with P.S New Foujdari (District Shikarpur), for offence punishable under Sections 363 and 364-A 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 26.09.2022.

 

            In nutshell, the case of prosecution is that on 30.08.2022 complainant Safia Shaheen lodged F.I.R with P.S New Foujdari, Shikarpur, stating therein that, on 15.8.2022 she alongwith her three daughters, namely, Alisha Saqlain aged 15 years, Quratul Ain aged 13 years and Habiba Saqlain aged 11 years came to Shikarpur town for some work and after getting free they were waiting for arrival of the train outside Railway Station Shikarpur, as such at about 2.00 p.m. a white color carry-van arrived there; four male and three females alighted from such van, who were identified to be Adam, Khalid Hussain, Anwar Ali, Noor Ahmed, Mst. Mukhtiar Khatoon, Aisha, Latifan alias Hajani alias Fatima; the male accused were having T.T pistols in their hands. The arms bearing accused aimed their weapons upon complainant party and on show of force of weapons they dragged all three daughters of the complainant and made them to sit in the carry-van and abducted them away. The complainant then went to police station and lodged F.I.R to the above effect.    

 

            Learned counsel for the applicant mainly contended that F.I.R is delayed for fifteen days; that it is strange to believe that the complainant who belong to another province identified all the accused persons with their names, parentage and residences etc; that prior to registration of instant F.I.R the police registered other F.I.R vide Crime No.10/2022 at P.S Meelani (District Shikarpur) according to which applicant was already shown arrested on same day and was detained in jail, then as to how she could be part of any accused party who committed the offence as alleged n this 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 with active role of kidnapping three innocent minor daughters of the complainant; 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 kidnapped three minor girls on gunpoint. The victims were examined under Section 164 Cr.P.C, wherein they have fully implicated the present applicant and others for their kidnapping. Not only this but, one of the victims, namely, Quratul Ain has alleged rape by two accused during their confinement and such version of victim stands supported by medical evidence. 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. 371-A, 371-B, 365-B P.P.C read with Section 3 (2) of Prevention of Trafficking in Persons Act, 2018. So for the medical ground agitated by learned counsel for applicant is concerned, no any proof in this regard has been produced on record to substantiate her version.

 

The material collected during investigation, prima facie connects 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