ORDER SHEET

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

1^st Crl. Bail Appln. No.S-572  of 2023.

Date                           Order with signature of Hon’ble Judge

1. For orders on office objection.

2. For  hearing of Bail Application.

Mr. Kazi Manzoor Ahmed, Advocate along with applicant (on bail).

Mr. Sher Ali Chandio, Advocate along with complainant. 

Mr. Ali Anwar Kandhro, Addl. Prosecutor General.

Date of Hearing      : 06.11.2023.

Date of Order          : 06.11.2023.

O R D E R

                        Through this application, applicant Abdul Wahab son of Chanessar Jatt seeks his admission on pre-arrest bail in Crime No.256 of 2022, registered at P.S Mehar, under Section 365-B, PPC. Earlier, his application seeking pre-arrest bail was dismissed on 23-9-2023 by the learned Additional Sessions Judge-IV, Dadu.

2.         In nutshell the accusation is that on 08.10.2023, complainant Deedar Hussain, his son Faraz, cousin Muhammad Saleem, daughter-in-law Mst.Tabasum wife of Faraz and other inmates were available in their house situated in Firdous Colony, Mehar, where at about 10.30 p.m., accused persons, namely, Ramzan, Sajjad and two unidentified persons, being armed with pistols, intruded into the house and on the force of weapons abducted Mst. Tabasum with the intention of committing zina with her and took her away in a white colour corolla car. 

3.         After investigation, the case has been challaned, which is pending for proceedings in terms of dicta laid down by the Apex Court in PLD 2020 SC 585.  The applicant after furnishing requisite surety appeared before the Court and has joined the trial proceedings.

4.         Learned Counsel submits that the name of applicant does not find place in the FIR; however, he was implicated by alleged abductee Mst.Tabasum in her 164, Cr.P.C statement recorded on 29.11.2022 in his absence; that though had implicated him; however, no allegation of committing zina bil jabr has been leveled against him.  He next submits that the alleged abductee had left her house at her own and entered into Nikah with co-accused Muhammad Ramzan and on return she has been residing with her parents. He, therefore, submits that evidence whatever has been collected by the police is against main co-accused, who are at large. He submits that the prosecution has yet to establish the charge against the applicant and his case at present is one of further enquiry; hence prays for confirmation of interim pre-arrest bail already granted to the applicant.

5.         Learned Addl. P.G. appearing for the State, after going through the record, does not oppose the bail application.

6.         Mr. Sher Ali Chandio, learned Counsel for the complainant, opposes the bail application, on the ground that applicant had facilitated the co-accused at the time of abduction of the victim, therefore, he is not entitled for the bail. He, however, could not controvert that the name of applicant does not find place in the FIR; besides, the victim in her 164, Cr.P.C statement has not alleged against the applicant of committing zina bil jabr with her.

7.         Admittedly, the FIR is delayed for about 03 days, for which no plausible explanation has been furnished by the prosecution for such inordinate delay. The name of applicant does not find place in the FIR and even no material has been collected during investigating to connect the applicant with the alleged offence. The alleged abductee/victim was examined before the Judicial Magistrate u/s 164, Cr.P.C on 29.11.2022, wherein she had specifically stated that co-accused Ramzan raped her. The accusation against the present applicant is yet to be established by the prosecution after recording it’s evidence and the trial Court has to determine the same. As far as instant bail application is concerned, which in view of material available on record requires a further probe and the case against the applicant also falls within the ambit of further enquiry as contemplated under sub-section (2) of Section 497, Cr.P.C.

8.         Upshot of the above discussion is that applicant Abdul Wahab Jatt has succeeded in making out a prima facie case for grant of pre-arrest bail under the purview of further enquiry in terms of Section 497(2), Cr.P.C. Instant bail application is, therefore, allowed and the interim pre-arrest bail granted to him earlier is hereby confirmed on same terms and conditions.

9.         The observations, if any, made hereinabove are tentative in nature, which shall not influence the trial Court, in any manner, during the trial proceedings.

                                                                                                                        JUDGE