ORDER SHEET

 

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail Application  No.784 of 2010. _____________________________________________________

Date                             Order with signature of Judge

 

For hearing

 

      .10.2010.

 

Mr. Muhammad Yar Khan and Almas Fayyaz Farooqi, Advocates for the Applicant

Mr. Muntazir Mehdi A.P.G.

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            Being aggrieved and dissatisfied with the order dated 25.6.2010 passed by IIIrd Additional District & Sessions Judge, Karachi South, whereby the Bail Application No.615 of 2010 of the applicant/accused was dismissed, the applicant has filed the instant bail application before this Court.

Brief facts of the case for the purposes of disposal of the instant bail application that an FIR No.27/2010 was registered on 28.4.2010 under Section 365-B PPC at Women Police Station, South Zone, Karachi, by the complainant wherein it has been reported as under:-

“I am residing at the above mentioned address and on 17.04.2010, I along with my daughter Amna aged about 13 years came at Jinnah Hospital Karachi for eye treatment of my daughter. On 27.4.2010, I alongwith my daughter were slept at 4 O’clock and when I wake up at 7 O’ Clock then I found missing my daughter Amna, I started search of Amna but she was not found, upon enquiry, it was revealed that the Tea Seller namely Munawar, who sells tea in Jinnah Hospital, is also missing therefore, I have doubt against Munawar, who has abducted my daughter for the purpose of committing zina.”   

 

Applicant/accused was arrested on 21.5.2010 and the challan has been submitted before the trial Court.

Learned counsel for the applicant/accused argued that the applicant/accused is innocent and has been falsely implicated in the instant FIR on the basis of suspicion. Per learned counsel, no role whatsoever about abduction has been assigned to the applicant nor there is any eye-witness of the alleged incidence. Per learned counsel, date of the alleged incidence is 27.4.2010 at about 700 hours, whereas the FIR has been registered after the unexplained delay of one day. Per learned counsel, the police took the remand of the applicant/accused, who is a young boy, however, or neither the abductee was recovered from the possession of the applicant/accused nor any incriminating material has been received. It is further contended that the applicant/accused is a poor Tea Seller and reside in the quarter of the hospital alongwith his parents and has been falsely implicated in the instant crime. Per learned counsel, the malafide on the part of the prosecution can be ascertained from the fact that the prosecution has shown the recovery of one Mst. Yasmeen daughter of Saleem Seth as abductee and got recorded her statement under Section 164 Cr.P.C alleging charges of rape against the applicant, whereas she is the wife of the applicant/accused who was married on 2.4.2010 with Mst. Yasmeen. The applicant/accused has produced Nikhanama as well as Mst. Yasmeen in Court in support of his contention. Per learned counsel, there is nothing incriminating against the applicant who has been falsely implicated in the instant case, therefore, he may be admitted to bail.

 

Conversely, the learned A.P.G, looking to the peculiar facts and circumstances, has not seriously opposed the instant bail application.

 

I have heard the learned counsel for the applicant as well as learned A.P.G and perused the record of the case.  On tentative assessment of the record, and the manner in which the investigation has been conducted by the prosecution in the instant case which has also been duly taken note by the learned IIIrd Additional & Sessions Judge Karachi South in his impugned order, the prosecution case is doubtful and requires further inquiry into the matter. I am of the view that the applicant/accused has made out a case for grant of bail. Accordingly, applicant/accused was admitted to bail by a short order dated 8.9.2010 and these are the reasons for the above short order.

Needless to observe that the observations made hereinabove are tentative in nature and trial court shall not be prejudiced by any such observations and shall decide the case strictly on merits keeping in view the evidence available on record.

The instant bail application stands disposed of in the above terms.

 

JUDGE