| Citation(s) |
|---|
| 2014 SLG 2490 2014 SLD 2490 2014 YLR 814 |
Sindh High Court
Pre-Arrest Criminal Bail Application No. S-357 of 2012, decided on 18th September, 2013. DATE of hearing: 13th March, 2013
NADEEM AKHTAR, J
Muhammad Ali Rind for Applicants. Shahzado Saleem Nahyoon, A.P.G. for
Respondent. Sajjad Ahmed Chandio for the Complainant
Pre-Arrest Criminal Bail Application No. S-357 of 2012, decided on 18th September, 2013. DATE of hearing: 13th March, 2013
NADEEM AKHTAR, J
Muhammad Ali Rind for Applicants. Shahzado Saleem Nahyoon, A.P.G. for
Respondent. Sajjad Ahmed Chandio for the Complainant
KHUDA BUKHSH and 4 others
VS
The STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.365-B---Kidnapping, abducting or introducing woman to compel for marriage etc.---Pre-arrest bail, refusal of---Delay in lodging F.I.R. was not deliberate or intentional, and there was justifiable reason and plausible explanation for such delay---Accused persons had not alleged any mala fides or collusion, in particular on the part of the Investigating Officer/ Police---All accused persons had been specifically nominated in the F.I.R. with specific roles in the commission of the alleged crime---All accused persons allegedly kidnapped the abductee by taking her with them in a car; and zina was committed by all of them with her---Alleged abductee in her statement recorded under S.164, Cr.P.C., had fully implicated all accused persons, wherein she had specifically alleged that accused persons had kidnapped her and had committed zina with her---Mere statement of the victim in a rape case, was sufficient to connect accused with the commission of offence, if the statement of victim inspired confidence--- Prima facie, medical examination report in the case, inspired confidence---Grounds urged by accused persons for the grant of bail required deeper appreciation or evaluation of evidence, which was not permissible at bail stage---Reasonable grounds were available on the record to believe that accused persons had committed the offence alleged in the F.I.R., which fell within the prohibitory clause of S.497(1), Cr.P.C.---For the purpose of bail, only tentative assessment could be made and detailed assessment or evaluation of evidence, should be left for the Trial Court---Prima facie, there being sufficient circumstances to connect accused persons with the offence alleged against them, they were not entitled to the grant of concession of pre-arrest bail---Pre-arrest bail granted to accused persons was recalled and their bail application was dismissed, in circum-stances. Shaban alias Umed Ali v. The State 2008 PCr.LJ 29 distinguished. Haji Gulu Khan v. Gul Daraz Khan and another 1995 SCMR 1765; Mushtaq Ahmed and another v. The State 2007 SCMR 473; Masood Ahmed alias Muhammad Masood and another…
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