| Citation(s) |
|---|
| 2026 SLG 572 2026 SLD 572 = 2026 SHC 145 = 2026 SHC 146 = 2026 SHC 483 = 2026 SHC 579 |
Sindh High Court
Criminal Bail Application No.1698 of 2025/Criminal Bail Application No.1631 of 2025/Criminal Bail Application No.2328 of 2025
Presented By: MUHAMMAD HASAN (AKBER), J.
Makhdoom Muhammad Talha, Advocate for Applicant in Cr. Bail Applicant No.1698 of 2025. Ms. Umme Kulsoom, Advocate for Applicant in Cr. Bail Application No.1631 of 2025. Mr. Muhammad Ismail Meo along with Mr. M. Adeel, Advocates for Applicant in Cr. Bail Application No.2328 of 2025. Mr. Azhar Ali Advocate, along with the victim and the complainant. Mr. Tahir Hussain Mangi, APG along with Irfan Baloch PSP DIGP West Zone Karachi, Adil Memon PSP SSP CTD/Intelligence Sindh, Karachi, Dr. Anam Tajamul, PSP SSP Investigation Central, Karachi, Inspector Ms. Anila Qadir, SSOIU, Karachi, I.O./Sub Inspector Mujahid Hussain Siyal SSOIU, Mushtaq Ahmed Abbasi, PSP AIGP Legal CPO Sindh, Karachi. Date of hearing: 22.11.2025 Date of decision: 04.12.2025
Criminal Bail Application No.1698 of 2025/Criminal Bail Application No.1631 of 2025/Criminal Bail Application No.2328 of 2025
Presented By: MUHAMMAD HASAN (AKBER), J.
Makhdoom Muhammad Talha, Advocate for Applicant in Cr. Bail Applicant No.1698 of 2025. Ms. Umme Kulsoom, Advocate for Applicant in Cr. Bail Application No.1631 of 2025. Mr. Muhammad Ismail Meo along with Mr. M. Adeel, Advocates for Applicant in Cr. Bail Application No.2328 of 2025. Mr. Azhar Ali Advocate, along with the victim and the complainant. Mr. Tahir Hussain Mangi, APG along with Irfan Baloch PSP DIGP West Zone Karachi, Adil Memon PSP SSP CTD/Intelligence Sindh, Karachi, Dr. Anam Tajamul, PSP SSP Investigation Central, Karachi, Inspector Ms. Anila Qadir, SSOIU, Karachi, I.O./Sub Inspector Mujahid Hussain Siyal SSOIU, Mushtaq Ahmed Abbasi, PSP AIGP Legal CPO Sindh, Karachi. Date of hearing: 22.11.2025 Date of decision: 04.12.2025
‘Faiza Irum
VERSUS
The State’/‘Salahuddin Durrani versus `The State’ ‘Muhammad Fahad Ali versus The State’
Law: Pakistan Penal Code, 1860
Section: 365-B
Law: Code Of Civil Procedure, 1908.
Section: 164,497
Law: Anti-Rape (Investigation and Trial) Act, 2021
Section: 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, 17, 21, 24, 26
Summary This consolidated order concerns the bail applications of three accused in FIR No.122/2025 at Police Station North Nazimabad, Karachi, for offences under Section 365-B, PPC (kidnapping with intent to rape). The case involves two incidents of sexual assault: The first incident occurred when the victim, Aqsa Bano, was followed, intercepted, and allegedly raped by unknown persons. The second incident involved confinement for 14 days in an apartment of the accused, during which the victim was repeatedly raped, with specific roles attributed to each accused (Farhan, Faiza, and Salahuddin). The petitioners sought post-arrest bail, claiming innocence, delay in FIR registration, and discrepancies in the investigation. The Court examined the Anti-Rape (Investigation and Trial) Act 2021, which provides specialized mechanisms including Special Sexual Offences Investigation Units (SSOIU), victim protection, and mandatory independent investigation upon victim dissatisfaction. The Court found that the investigation was flawed and incomplete, the accused had not denied the victim’s confinement, and one accused could potentially interfere with evidence. On a prima facie assessment, the Court dismissed the bail applications, allowing fresh applications after independent investigation completion. Sections / Laws Used Section 365-B, PPC – Kidnapping with intent to rape Section 164, Cr.PC – Recording of victim statement Section 497, Cr.PC – Bail prohibitory clause Anti-Rape (Investigation and Trial) Act 2021 – Sections 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, 17, 21, 24, 26 (Special Courts, SSOIU, victim protection, investigation standards, evidence guidelines) 2 Two-Word Descriptions Sexual Assault / Bail Denial Investigation Flaws / Victim Protection O R D E R Through this consolidated order, the subject bail applications are being decided, which have emanated from the same proceedings, arising out of FIR No.122/2025, registered at Police Station North Nazimabad, District Central Karachi for offence under Section 365-B, PPC. The Applicants are aggrieved by the Order(s) dated 14.05.2025 ("impugned Order") whereby the…