IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No. S-765 of 2024

Applicant	Liaquat Ali s/o Mohammad Mureed Panhwar
	Through Mr. Khurram Jah, advocate
Complainant	Abdul Rahib
	Through Mr. Nazir Ahmed Chandio, advocate.
The State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	17-03-2025
Date of order	17-03-2025

O R D E R

OMAR SIAL, J.- Liaquat Ali seeks post-arrest bail in Crime Number 379 of 2024, registered under sections 452, 366-A, 148 and 149 P.P.C. at the Kamber police station.

2.      The F.I.R. mentioned above was registered on 08.11.2024 on the complaint of Abdul Rahib. He recorded that on 01.11.2024 six armed men, which included the applicant, came into his house and forcibly took his daughter Sawera with them.

3.      I have heard the counsels for the applicant and the complainant, as well as the learned Deputy Prosecutor General.

4.      Upon a tentative assessment, the record reflects that Sawera married a man named Himmath out of her own free will. The applicant is Himmath’s uncle. No recovery of any weapon has been made from the applicant. Apart from the complainant's statement that he had barged into his house with other men, no evidence is on record. Upon a tentative assessment, I also find it odd and unnatural that six armed men would so easily break into a house and take away a girl with them without anybody neutral witnessing the incident. I find it's equally unnatural and odd that a father whose young daughter has been kidnapped would wait for seven days before approaching the police with the information.  Malafide on the part of the complainant to throw the net wide cannot be excluded. The police were asked to procure Sawera's attendance, which they did. Sawera did not seem under duress and stated that she loved Himmath and had married him with her consent. She stated that she lives happily and has not been involved in any illegal activity as her father complained. When faced with the situation, learned counsel diverted his argument towards the applicant's age and said that the Sindh Child Marriage Restraint Act also hit her conduct. Upon a tentative assessment, as her Form B reflects, now Sawera is an adult. The applicant is not charged with any offence under the Child Marriage Restraint Act.

5.      Given the above, the case against the applicant requires further inquiry. He is admitted to bail against a surety of Rs. 50,000/- and a P.R. Bond for the same amount. The investigating officer shall record the girl's statement and deposit it in the learned trial court.

Judge

Abdul Salam/P.A