IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2805 of 2025
[
Ismail alias Isli son of Manzoor versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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28.01.2026
Mr.
Shueban Ali Mallah,
advocate for applicant
Mr.
Muhammad Noonari, D.P.G.
Mr.
Rameez Raja, advocate a/w complainant
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SHAMSUDDIN ABBASI,
J.- Applicant/accused Ismail
alias Isli son of Manzoor
seeks pre-arrest bail in FIR No.726/2024, registered at P.S. Sachal for offence under Sections 376, 342, 34, PPC, after
rejection of his bail plea by learned Additional Sessions Judge-V, Malir, Karachi vide order dated 27.03.2025.
2. Brief
facts of the case are that on 11.05.2023, complainant Mst.
Sartaj lodged FIR against the applicant, alleging
therein that applicant and his brother Ghulam Rasool kidnaped her along with her daughter, detained them
for 25 days at some unknown place and they both committed zina
with her, hence subject FIR.
3. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case; that there is counter version of alleged
incident as Mst. Sartaj has
contracted marriage with applicant/accused Ismail alias Isli
and her ex-husband Yaseen filed application under
Section 491, Cr.PC, she was produced before learned
Additional Sessions Judge-I, Dadu, who recorded her
statement in which she deposed that after getting divorce from her first
husband Yaseen she contracted marriage with present
applicant on 04.08.2023 at Hyderabad and she has not been confined anywhere. In
support of his contention, learned counsel for applicant has placed on record photostat copies of Affidavit of Freewill of alleged
abductee Mst. Sartaj and other
documents and submits that the case of the applicant requires further inquiry
in terms of Section 497(2), Cr.PC.
4. Learned
counsel for complainant has opposed for grant of bail on the ground that
alleged abductee has fully implicated the applicant for commission offence in
her statement recorded by the concerned Magistrate under section 164, Cr.PC and submits that the alleged offence falls within the
ambit of prohibitory clause of Section 497, Cr.PC,
hence the applicant is not entitled for grant of extra-ordinary relief by way
of post arrest bail.
5. Learned
D.P.G. has recorded no objection on the ground that this is a case of two version, which requires further inquiry in terms of Section
497(2), Cr.PC.
6. Heard
learned counsel for the applicant, learned counsel for complainant, alleged
victim Mst. Sartaj as well
as learned D.P.G. and perused the material available on record.
7. It is a
matter of record that husband of victim lady filed application under Section
491, Cr.PC for recovery of Mst.
Sartaj before learned Sessions Judge, Dadu, the same was transferred to Additional Sessions
Judge-1, Dadu, the alleged abductee was produced in
Court Pument and her statement was recorded by the
concerned Court. Perusal of statement reveals that she has contracted marriage
with applicant/accused after getting divorce from her first husband Yaseen. However, she deviated from this version and lodged
FIR against applicant for offence under Sections 376, 342, 34, PPC. From
tentative assessment of material available on record, it appears that this case
of two version, which calls for further inquiry in terms of Section 497(2), Cr.PC. It is settled proposition of law that merits of case
cannot be considered at bail stage as held by the Supreme Court of Pakistan in
the cases of Muhammad Ramzan versus Zafrullah (1986 SCMR 1380) and Muhammad Ijaz
versus The State (2022 SCMR 1271). Sufficient grounds are available on record which make the instant case of further inquiry in
terms of Section 497(2), Cr.PC. In view of such
position, post arrest bail is granted to applicant above named, subject to
furnishing solvent surety in the sum of Rs.100,000/-
(One hundred thousand) and P.R. Bond in the like amount to the satisfaction of
the trial Court.
8. 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.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gusher/PS