Case Details

Citation(s)
2014 SLG 577 2014 SLD 577 2014 YLR 1454
Sindh High Court
Criminal Bail Application No. S-314 of 2013, decision Dated: 14-02-2014.
AFTAB AHMED GORAR, JUSTICE
Safdar Ali G. Bhutto for Applicant. Imtiaz Ali Jalbani, A.P.G. for the State.

NADIR ALI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 365-B, 376, 392, 452, 343, 147 & 148---Kidnapping, abducting or inducing woman to compel for marriage etc., rape, robbery, house-trespass after preparation for hurt, wrongful confinement for three or more days, rioting, rioting armed with deadly weapons---Bail, grant of---Further inquiry---Delay in lodging F.I.R.---Implication on basis of supplementary statement recorded belatedly---Accused and co-accused persons allegedly entered into complainant's house unlawfully, took away his sister with the intention to commit zina with her and also robbed gold ornaments and cash---F.I.R. was delayed by about three days---Accused was not nominated in the F.I.R. and his name was introduced for the first time through statements of prosecution witnesses recorded under S. 161, Cr.P.C, which too were delayed by about 15 days without any explanation---Alleged abductee/victim did not take name of accused in her statement under S. 161, Cr.P.C---Alleged abductee was not recovered from the possession/ house of accused---Investigating agency did not believe version of complainant and placed name of accused in column No. 2 of the challan---Case against accused was one of further inquiry---Accused was admitted to bail accordingly. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Through instant application, applicant Nadir Ali Shaikh seeks post-arrest bail in Crime No. 69/2012, of Police Station Civil Lines, Jacobabad, registered under sections 365-B, 392, 452, 376, 343, 147, 148 P.P.C. His similar prayer was declined by the learned trial Court, vide order dated 4-6-2013. 2. Case of the prosecution is that on 1-10-2012, complainant Sanaullah Soomro, appeared at Police Station Civil Lines, Jacobabad and registered F.I.R., in the wording that, an NGO office is situated near our house. On 28-9-2012, I, my cousin Ghulam Hyder, my uncle Ghulam Yaseen, my sister Mst. Zakia aged about 15-years and other house-inmates were available in our house, when at about 5.00 p.m., accused persons, namely, Ghulam Ali Solangi, Khadim Hussain Panhwar, Sahib Khan Manganhar and four unidentified persons intruded…
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