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

Cr. Bail Appln. No.S-707   of  2023

Ali Muhammad @ Arbab & another

Vs

The State

Applicants         :   Through Mr. Abdul Rehman A. Bhutto, Advocate along

                             with applicants(on bail).

State                 :   Through Mr. Ali Anwar Kandhro, Additional

                              Prosecutor General. 

Date of hearing      :  18.12.2023.

Date of Decision    :  18.12.2023.

O R D E R.

          Applicants Ali Muhammad alias Arbab son of Muhammad Hassan and Ghulam Nabi son of Ali Muhammad, seek their admission on pre-arrest bail in Crime No.115/2023, registered at Police Station Radhan Station, District Dadu, under Sections 365-B, PPC.  The bail plea preferred by them before the Court below was declined by means of order dated 22.12.2023 passed by the learned Additional Sessions Judge-IV, Dadu.

2.      According to the case of prosecution, on 05.11.2023, at about 3.00 p.m., the present applicants along with co-accused Muhammad Yaseen, Noor Ahmed, being armed with Pistols, abducted Mst. Tayaba, daughter of complainant Hafiz Noor Ahmed Qasmi, from his house situated in Radhan town, with the intention of committing forcibly zina with her; hence, the complainant lodged such FIR at PS Radhan Station, on 10.11.2023, at 6.00 p.m.

3.       Learned Counsel for the applicants submits that the alleged abductee Mst. Tayaba had entered into Nikah with co-accused Muhammad Yaseen according to her own free-will, therefore, she and her spouse maintained C. P. No.D-727/2023 before this Court, which was disposed of on 12.12.2023; hence, the role attributed to applicants is nothing but being in relationship with co-accused they have been roped in. He further submits that instant FIR as per directions of this Court of this Court contained under order 12.12.2023 has been directed to be disposed of in the light of statement of alleged abductee, therefore, case against the applicants requires further enquiry.

4.       Learned Addl. P.G. appearing for the State in view of above legal as well as factual position on record does not oppose the bail application.

5.       Heard learned Counsel and perused the record.

6.       No doubt the applicants are nominated in the FIR; however, it was also delayed for about 06 days, for which no plausible explanation has been furnished by the prosecution. Alleged abductee Mst. Tayaba who is daughter of complainant had filed C. P. No.D-727/2023 before this Court, which after hearing the parties and recording statement of the alleged abductee was disposed of on 12.12.2023. The complainant inspite of notice has chosen to remain absent instead of pursuing instant bail application vigilantly. Before parting with the order, it will be appropriate to reproduce the concluding part of order dated 12.12.2023 passed by Division Bench of this Court in C.P. No.D-727/2023, which reads as under:-

            “In view of above position, instant petition is disposed of with direction to the official respondents to act strictly in accordance with law and provide protection to the petitioners in accordance with law. I.O of Crime No.115 of 2023 under Section 365-B PPC of P.S Radhan Station is directed to file report in the light of statement recorded by the alleged abductee before concerned Court for disposal of the case in accordance with law. As regards the plea of underage of alleged abductee taken by learned counsel for the respondents, they may seek remedy before appropriate Court under the law. Learned Addl. A.G as well as D.P.G are directed to provide police escort to the couple so that they may reach house safely.”

7.       Since the applicants have not been assigned any role except mere their presence and the alleged abductee had entered into Nikah according to her free-will with co-accused Muhammad Yaseen. Hence, mere heinousness of the offence does not disentitle the applicants from the concession of bail if otherwise they have got good prima facie case on merits.

8.       Accordingly and in view of above, the case against the applicants requires further enquiry. Consequently, instant bail application is allowed and the interim pre-arrest bail granted to the applicants on 27.11.2023 is hereby confirmed on same terms and conditions.

                                                                                                     JUDGE

Qazi Tahir PA/*