ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-166 of 2023

(Sain Bux Banglani Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

18.05.2023.

 

Mr. Asadullah Brohi, Advocate for the applicant.

Mr. Muhammad Jafri, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J;- It is alleged that the applicant with rest of culprits, abducted Mst.Naseeban wife of complainant Kashmir Khan, for that the present case was registered. On refusal of bail by learned 3rd Additional Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

 

2.        It is contended by learned counsel for the applicant that Mst.Naseeban after divorce has married with Mujahid Ali of her own accord after swearing free will affidavit; the applicant has nothing to do with the alleged incident and he has been involved in commission of the incident for being relative of said Mujahid Ali. By contending so, he sought for release of the applicant on bail on point of further inquiry.

 

3.        Learned Addl.P.G for the State and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that the applicant has facilitated co-accused Mujahid Ali to abduct wife of the complainant who is still legally wedded husband of the abductee.

 

4.        Heard arguments and perused the record.

 

5.        The FIR of the incident has been lodged with delay of about eight day; such delay having not been explained plausibly could not be overlooked; Mst.Naseeban after divorce from the complainant it is said has married of her accord with co-accused Mujahid Ali. In such situation, the involvement of the applicant in commission of the incident on point of conjoint liability obviously is calling for its determination at trial. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

 

 

 

6.        In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court. 

 

7.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE