IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal
Bail Application No.2797 of 2024
|
DATE |
ORDER
WITH SIGNATUREs OF JUDGEs |
1.
For orders on M.A. No.16499/2024
(U/A)
2.
For orders on M.A. No.16500/2024 (Exp/A)
3.
For hearing of bail application
-------------------------
02.12.2024
Mr. Masood
Ahmed Junejo, advocate for applicants
---------------------------------
Applicants/accused
are present along with their counsel.
Applicants/accused Mst. Sanat
and Ali Sher seek protective bail in FIR No.90/2024,
registered at P.S. Mirpur Sakro,
District Thatta, for offence under sections 3, 4 and
5 of the Child Marriage Restraint Act, 2013. It is inter alia contended that
applicant/accused Ali Sher son of Abdul Ghani has contracted marriage with applicant/accused Mst. Sanam daughter of Abdul Aziz
against the wishes of parents, which caused annoyance to the father of petitioner
No.1 Mst. Sanam and he
approached SHO P.S. Mirpur Sakro
where aforesaid FIR has been registered against them. Copy of Nikahnama has been annexed to the petition.
Without
touching the merits of the case, protective bail is granted to applicants/accused
Mst. Sanam and Ali Sher for a period of ten (10) days, subject to furnishing
solvent surety in the sum of Rs.10,000/- (Rupees
ten thousand) each, and P.R. Bond in the like amount to the satisfaction of
the Nazir of this Court. Operation of NBWs issued against the
applicants/accused is suspended for ten days. Applicants/accused are directed to surrender before the trial Court in the
aforesaid period and join the investigation forthwith. This order shall cease to have its effect after expiry
of ten days from today or whenever applicants/accused surrender
before the trial Court, which one occurs earlier. It is made clear, in case,
applicants/accused fail to surrender before the trial Court in the aforesaid
period, their bail bond shall stands automatically forfeited.
Before
parting with this order, it is observed that Mst. Sanam, claiming to be major, has contracted marriage with petitioner
No.2 Ali Sher with her own accord. Investigating
Officer after recording the statements of applicants/accused and while looking
to the genuineness of the Nikahnama may submit
subsequent report before the concerned Magistrate, in accordance with law.
Instant
criminal bail application is disposed of in the above terms.
J U D G E
Gulsher/PS