ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. NO: 241 of 2009.

Date                      Order with signature of judge.

Mr. Rafique Ahmed Abro, advocate for the applicant.

Mr. Nisar Ahmed G. Abro, advocate for  the State.

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11.06.2009.

                    This bail application has been moved on behalf of Sikander Ali who allegedly kidnapped Mst.Saima on 14.6.2008  and  the F.I.R  was lodged by one Abdul Ghani Chandio  uncle of the girl.  Subsequently, on 12.1.2009  the bail application was disposed of as   the medical report of the victim  which was conducted  after her recovery  was not received which has subsequently been received and hence this bail application.

                   Learned  counsel for the applicant has argued that  though name  of the applicant transpires  in the F.I.R  but no act of forcible  sexual intercourse   has been alleged and  according to the report U/S 168 Cr.P.C filed  the investigating officer ASI Sikander Ali  Khoso  of the Crime  and Investigation Branch  Hyderabad Region,  the girl was not subjected to any rape  by the applicant and in fact  it was the co-accused Saleem Mashori  who was  held responsible for the whole  episode as he had enticed  away the girl Mst.Saima on the false hopes  of marriage and  had kept her for 15 days    and committed zina with her to which the girl  was a willing party but after she realized   that  Saleem Mashori would not marry her she managed  to run away fearing  reprisal at the hands  of Nabi Dad  Chandio one of her uncles.  Hence according to this enquiry report,  the case against the remaining accused is false.  Learned counsel   hence argued for bail as the matter  requires further enquiry.

                    Learned State Counsel opposed the bail application.

                    Considering that  in 164 Cr.P.C statement,  the girl Mst.Saima  has not alleged any forcible  sexual intercourse act   against the applicant/accused  Sikander Ali Khoso but only that he had been  one of the  members present in the car  who allegedly  had  forcibly  taken her away.  The statement of the girl U/S 164 Cr.P.C does not mention whether any sexual intercourse was committed by  the applicant.

                   I find   the case of the applicant  to be one of the further inquiry, Sikander Ali Khoso   to be released  on furnishing solvent surety in the sum of Rs.50,000/= and P.R  bond in the like amount to the satisfaction of trial Court.

JUDGE