ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Bail  Appl. No.638  of 2009                                  

DATE         ORDER WITH SIGNATURE OF JUDGE

26.11.2009.

Syed Tarique Ahmed Shah Advocate for applicant.

Syed Meeral Shah Deputy Prosecutor General Sindh for the State.

Complainant Atta Muhammad present in person.

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Ahmed Ali Shaikh J.             Through the instant application, the applicant Ali Gohar seeks post arrest bail in crime No.175/2009 of Police Station Cantonment Hyderabad for offence punishable u/s 365-B PPC.

2.         The bail plea of the applicant has been turned down by learned trial court vide order dated 08.09.2009.

3.         On 20.08.2009, the complainant Atta Muhammad Qambrani appeared at Police Station Cantonment Hyderabad and lodged report, which reads as under:-

 “Complaint is that I am residing at the above mentioned address with my family. One boy teasing my daughter Maria since last sufficient period thorugh mobile phone, he disclosed his name to be Imtiaz. We sufficiently convinced him but he did not turn down. His mobile phone No. is 0331-3836757 who was asking that I will take away Maria with him. On 10.08.2009 at 1900 hours, I alongwith my daughter Maria were returning nearby the Defence Park when one Mehran Car of white color parked near us, wherefrom three persons alighted. One person came infront of us and disclosed that my name is Imtiaz and Maria you accompany me. We resisted on which he with the help of his other companions forcibly put my daughter Maria in vehicle and by extending threats took away my daughter. I narrated such facts to my brother 1. Subhan Ali S/o Allah Dino  2. relative Maqsood Shah on of Faiz Ali shah. We were trying to search but despite sufficient search could not get their clue. Now I have come to lodge report that Imtiaz with the help of his companions abducted my daughter Maria aged about 16 years with intention to commit zina. I am lodged FIR, investigation be done”

4.         It is inter alia contended by the learned counsel for the applicant that the applicant is a man of advance age. He has placed on record the NIC of the applicant, which reveals that his age is about 70 years. It is further contended that Mst. Maria, the alleged abductee in her 164 Cr.P.C statement did not allege that rape was committed with her by any of the accused.

5.         The complainant Atta Muhammad has filed affidavit in which he has stated as under:-

“That due to intervention of nek-mards I have come into the conclusion that the present applicant/accused is not my real culprit and if he will be released on bail, then I will have no objection to that extent”

6.         Learned State counsel raised no objection in view of the affidavit filed by the complainant Atta Muhammad.

7.         I have heard learned counsel for the applicant as well as State and perused the record.

8.         Admittedly the applicant Ali Gohar is man of advance of age and per NIC his age is about 70 years. No allegation of rape has been leveled against him by Mst. Maria, the alleged abductee. The complainant who is father of the alleged abductee has also extended his consent for grant of bail to the applicant/accused.

9.         For the foregoing reasons, I allow this application and admit the applicant on bail subject to furnishing surety in the sum of Rs.50,000/- with P.R bond in the like amount to the satisfaction of Additional Registrar of this court.

            The Criminal Bail Application No.638/2009 stands disposed of.

                                                                                                JUDGE