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

Cr. Bail Appln. No.S-641   of  2023

Ashique Ali Pathan

Vs

The State

Applicant          :   Through Mr. Shakeel Ahmed G. Ansari, Advocate.

State                 :   Through Mr. Ali Anwar Kandhro, Additional

                              Prosecutor General. 

Date of hearing      :  16.11.2023.

Date of Decision    :  16.11.2023.

O R D E R.

                   Applicant Ashique Ali son of Mir Hassan, by caste Pathan, seeks post arrest bail in Crime No.104/2023, registered at Police Station Staurt Ganj, Shikarpur, under Sections 365-B, PPC and Section 3 TIP.

          2.      According to the case of prosecution, on 30.09.2023, at about 12.00 noontime, the present applicant along with co-accused Amjad Ali and two unidentified, being armed with TT Pistols, abducted Mst. Zakia, sister of complainant Javed Ali Brohi, from their house situated in Tharopur Mohalla, Shikarpur with the intention of committing zina with her; hence, the complainant lodged such FIR at PS Staurt Ganj, Shikarpur on 14.10.2023, at 7.30 p.m.

          3.       Per learned Counsel, in fact the applicant is innocent and has been falsely implicated in this case by the complainant.  By placing on record statement u/s 161, Cr.P.C of alleged abductee Mst. Zakia under the cover of his statement of today’s date, learned Counsel submits that no such incident has occurred and the alleged abductee Mst. Zakia, the sister of complainant had left her house at her own and contracted free-will marriage with co-accused Amjad Ali, who is brother of applicant Ashique Ali; that co-accused Amjad Ali and alleged abductee Mst. Zakia filed C. P. No.D-650/2023 before this Court, wherein the alleged abductee Mst. Zakia in her statement u/s 161, Cr.P.C recorded by the IO of the case has stated in clear terms that she has not been abducted and has contracted free-will marriage with co-accused Amjad Ali; that the FIR is delayed by 14 days and no plausible explanation has been furnished by the complainant. Learned Counsel, therefore, contended that the case against the applicant calls for further enquiry and he entitled for grant of bail. 

          4.       Learned Addl. P.G. does not oppose the grant of bail to the applicant.

          5.       Heard learned Counsel and perused the record.

          6.       From perusal of record it reflects that brother of applicant, namely, Amjad Ali contracted marriage with Mst. Zakia and after contracting marriage C. P. No.D-650/2023 was filed by both of them before this Court, wherein the statement u/s 161, Cr.P.C of alleged abductee Mst. Zakia was recorded, in which she has stated in clear terms that she has married with Amjad Ali with her free-will and further that no one has abducted or forced her to marry with Amjad Ali. The inordinate and unexplained delay of 14 days in lodgment of FIR in the cases of like nature is fatal to the prosecution. From tentative assessment of the available material, the case of applicant appears to be falling within the purview of further enquiry as envisaged under sub-section (2) to Section 497, Cr.P.C.

          7.       Accordingly, instant bail application is allowed. Applicant/ accused is directed to be released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand) and P.R bond in the like amount to the satisfaction of trial Court.

                                                                                                JUDGE

Qazi Tahir PA/*