IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3322 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
---------------------------------------------
28.01.2026
Mr. Illahi
Bux Lakho, advocate for
applicant
Mr. Muhammad Noonari,
D.P.G.
Mr. Muhammad Shafiq
Abdullah Khosa, advocate for complainant
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Shamsuddin Abbasi, J.-- Applicant Muhammad Rasheed
son of Muhammad Ameen seeks post arrest bail in FIR
No.1117/2025, registered at P.S. Surjani Town, for
offence under Section 365-B, PPC read with Section 3 and 4 of the Prevention of
Trafficking in Persons Act, 2018, after dismissal of his bail plea by learned
Additional Sessions Judge-X, Karachi West vide order dated 08.10.2025.
Brief
facts of the prosecution case are that on 26.08.2025 complainant Jamil Ahmed lodged aforesaid FIR, alleging therein that his
daughter Humaira Bibi is
missing since 25.08.2025.
Learned
counsel for applicant submits that the applicant is not nominated in FIR; that statement
under Section 164, Cr.PC of the alleged abductee was
recorded on 04.09.2025 wherein she has disclosed the name of one of accused as Rasheed. During investigation applicant was arrested and
the complainant, who is father of alleged abductee, has sworn affidavit of no
objection in favour of the applicant.
Learned
D.P.G. and counsel for complainant have recorded no objection for grant of bail
to the applicant on the ground that complainant, who is father of alleged
abductee, has sworn affidavit of no objection in favour
of applicant.
Heard
learned counsel for applicant, learned D.P.G. and learned counsel for
complainant and perused the material available on record.
Applicant
is not nominated in FIR, he has been arrested and
implicated in this case on the basis of statement recorded under section 164, Cr.PC of the alleged abductee by learned concerned
Magistrate, in which she has disclosed the name of one of accused as Rasheed. Applicant has filed post arrest bail and
complainant and alleged abductee have sworn their affidavits of no objection
for grant of bail to the applicant. In her affidavit of no objection, alleged
abductee has exonerated the present applicant from commission of offence. It is
mater of record that complainant and alleged abductee are not supporting the
case against applicant, which requires further inquiry in terms of Section
497(2), Cr.PC. Therefore, the applicant/accused is
admitted to post arrest bail, subject to his furnishing solvent surety in the
sum of Rs.25,000/- (Twenty five thousand) and P.R.
bond in the like amount to the satisfaction of the trial Court.
Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS