ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-338 of 2022

Cr. Bail Application No.S-345 of 2022

Applicants: Zaheer Ahmed and others, through

M/S Ali Gul Abbasi and Muhammad

Zohaib Azam, Advocates

Complainant: Aijaz Ali Khaskheli, through

Mr. Muhammad Ali Napar, Advocate

State:    Through Mr. Khalil Ahmed Maitlo,

DeputyProsecutor Prosecutor General

Date of hearing:  29.08.2022

Dated of order:   29.08.2022

O R D E R

Shamsuddin Abbasi, J: I intend to dispose of B.A.No.S-338/2022 filed by applicant Zaheer Ahmed for pre-arrest bail and B.A.No. S-345/2022, filed by applicants Muhammad Waqas @ Waqas Ali and Zubair Ahmed for post-arrest bail in Crime No.150/2021, registered at Police Station Rohri, District Sukkur, for offence punishable under sections 365-B, 452, 147, 148, 149 PPC and 3/4 of Child Marriage Restraint Act, 2013.  

2.              Brief facts of the prosecution case are that on 22.09.2021, complainant Aijaz Ali appeared at P.S Rohri and lodged F.I.R by stating there in that on 20.09.2021 at about 6:00 A.M, when he was available in his house along with prosecution witnesses, applicant Waqas alongwith 4 other co-accused entered into the house of complainant and on the point of weapons abducted complainant’s daughter Mst. Naheed with intention to commit Zina with her.

3. It is contended by learned counsel for the applicants that there is delay of two days in lodgment of FIR without plausible explanation; that applicant Muhammad Waqas has contracted marriage with alleged abductee Mst. Naheed on 21.09.202, he has produced affidavit of free-will as well as application u/s 22-A & B, Cr. P.C filed by Mst. Naheed and applicant Muhammad Waqas before Ex-officio Justice of Peace for protection; that statement u/s 164 Cr.P.C of alleged abductee has been recorded by concerned Magistrate wherein she has categorically stated that neither she has been abducted nor enticed by anyone to marry with Waqas and she has left her house by exercising her right of free will; that police has inserted section 3/4 of Sindh Child Marriage Restraint Act 2013 which is punishable only for three years; that there are sufficient grounds which require further enquiry in terms of section 497(2) Cr.P.C.

4.                On the other hand, learned Deputy Prosecutor General, assisted by learned counsel for the complainant has contended that the names of applicants/accused have appeared in the FIR; that alleged offence is heinous one and against the society and offence comes within prohibitory clause of section 497 Cr.P.C; that during investigation statement of alleged abductee was recorded wherein she has supported the case of prosecution; that it has come on record that alleged abductee is tender age, therefore police inserted section 3/4 of Sindh Child Marriage Restraint Act 2013 in the challan; that the applicants are not entitled for grant of bail.

5.               Heard learned counsel for the applicants, learned counsel for complainant and learned Deputy Prosecutor General as well as perused the material available on record.

 6.               Admittedly there is delay of two days in lodgment of FIR without plausible explanation and in background of enmity it cannot be ruled out that FIR has been lodged after due deliberation and consultation. It is matter of record that before registration of FIR alleged abductee has entered into Nikkah with main accused Muhammad Waqas on 21.09.2021` and on the same day she has also sworn her affidavit of free-will and thereafter, Mst Naheed and applicant Waqas have approached to Ex-Officio Justice of peace and filed application u/s 22 A/B Cr.P.C. for protection. It is also matter of record that during investigation alleged abductee Mst. Naheed has appeared before concerned Magistrate whereby her statement u/s 164 Cr.P.C was record wherein she has categorically denied the allegation of abducted and stated that she contracted marriage by exercising her right of free-will and she further stated that complainant has lodged false F.I.R against her husband. It is case of prosecution that alleged abductee has taken summersault and recorded her diversion statement and implicated applicant Muhammad Waqas in the commission of offence. In such a situation this is a clear case of two versions which requires further enquiry in terms of section 497(2) Cr.P.C. Therefore, I am allowing bail application of applicants Muhammad Waqas @ Waqas Ali and Zubair Ahmed by admitting them to bail subject to furnishing solvent surety in the sum of Rs.100,000/- (rupees one lac) each and PR bond in the like amount to the satisfaction of learned trial court. As far case of applicant Zaheer Ahmed is concerned, his pre-arrest bail was not decided on merits by learned trial court and it was dismissed in non-prosecution, therefore his pre-arrest bail application is converted into protective bail for seven days from today in terms of earlier order dated 07.07.2022. Learned trial court is directed to decide the application of applicant Zaheer Ahmed on merit without influence of earlier order.

7. The observations made hereinabove are tentative in nature and would not prejudice the case of any party at the trial.

8. Office is directed to place a signed copy of this order in the captioned connected bail application.

J U D G E

Suleman Khan/PA