IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.185 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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06.03.2025
M/s Jawed Ahmed Rajput & Ibad
Jawed, advocates for applicants
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
DIGP Mr. Umar Shahid Hamid &
Hassan Baloch, DSP Special Branch
Mr. Muhammad Riaz Abbasi, advocate
for complainant
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Applicants
Mst. Mehwish, Abdul Fayyaz and Noman alias Luqman seeks pre-arrest bail in FIR
No.697/2024, registered at P.S. Docks for offence under sections 3, 4 of the
Sindh Child Marriage Restraint Act, 2013, after rejection of their bail plea by
learned trial Court vide order dated 06.01.2025.
2. On the
last date of hearing, applicants/accused Mehwish and Abdul Fayyaz were in
attendance and it was submitted by learned counsel for applicants that
applicant Noman alias Luqman has been arrested by Docks Police in FIR
No.120/2025 for offence under sections 397, 34, PPC. He further submitted that
in the background of instant case, complainant has managed false FIR against
applicant/accused Noman alias Luqman, therefore, inquiry was entrusted to Mr.
Umar Shahid Hamid, DIGP Special Branch, Karachi to conduct inquiry in Crime
No.120/2025 and submit his report before this Court.
3. Today,
Mr. Umar Shahid Hamid, DIGP Special Branch appeared before this Court and
submitted his report, which is taken on record. Perusal of report reveals that
there is criminal history of applicant Noman alias Luqman at various police
stations of Karachi. DIGP has also recorded statements of applicant/accused
Noman alias Luqman and various other persons, analyzed CDR and GEO mapping. In
the report it is concluded that applicant/accused Noman alias Luqman is involved
in FIR No.120/2025, registered at P.S. Docks, Karachi.
4. Learned
counsel for complainant submits that custody of applicant Mehwish cannot be
handed over to anyone other than her parents on the ground that she is minor.
In rebuttal, counsel for applicants submits that applicant Mehwish is sui juris, she has contracted marriage
with applicant/accused Noman alias Luqman by exercising her right of freewill
and no one can snatch her liberty. Counsel for applicant Mehwish further
submits that in compliance of order dated 03.02.2025, passed by Judicial
Magistrate-I, Karachi West, Ossification Test of applicant Mehwish was
conducted on 04.02.2025, by Women Medico-Legal Officer, Civil Hospital Karachi,
in which she has been declared to be of 16 to 17 years of age. Copy of order
dated 04.02.2025 as well age certificate has been placed on record.
5. Since
this is pre-arrest bail application and this Court has admitted applicant
Mehwish to interim pre-arrest bail, this Court in pre-arrest bail cannot decide
the issue raised by the learned counsel for complainant, therefore, objection raised
by the counsel for complainant is overruled. The alleged offence does not fall
within the ambit of prohibitory clause of Section 497, Cr.PC and rule in such
cases is bail and its refusal is an exception, as held by apex Court in the
case of Muhammad Tanveer versus State (PLD 2017 SC 733).
6. In the
view of above, interim pre-arrest bail granted to applicants/accused Mehwish
and Abdul Fayyaz by this Court vide order dated 23.01.2025 is hereby confirmed
on the same terms and conditions. Since applicant/accused Noman alias Luqqman
has been arrested in FIR No.120/2025 of PS Docks, Karachi and is in custody,
therefore, interim pre-arrest bail granted to him is hereby recalled, however,
he would be at liberty to move post arrest bail before learned trial Court
concerned, which shall be decided on its own merits.
7. Instant criminal bail application is
disposed of in the above terms.
J U D G E
Gulsher/PS