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2007 MLD 1313

MUHAMMAD WAIL FAROOQ vs THE STATE

Citation2007 MLD 1313
CourtSindh High Court
Case No.Criminal Bail Appeal No, 188 of 2007
Date2007-04-09
Judge(s)Muhammad Ather Saeed
ResultBail allowed

ORDER

1. ' MUHAMMAD ATHAR SAEED, J.---This criminal bail application under section 497(2), Cr.P.C. Has been filed in respect ofCrime No, 247 of 2006, under section 16, Zine EHO, 1979, read with section 380, P.P.C., registered at Police Station Korangi. The averments made in the F.I.R. Are that the complainant's wife was enticed away by the applicant and she absconded with him and after stealing 11 Tolas golden ornaments and Rs,2,50,000 in cash. The abductee was recovered from Ansar Burni Welfare Trust on 23rd May, 2006 and in her statement recorded under section 161, Cr.P.C. She accused the applicant along with three other persons of :educing her by force and keeping her in the house of one Saima and thereafter, the accused brought her to City Court, got prepared her photographs and got her statement recorded before Justice of Peace and also got filed a suit for dissolution of marriage against her husband on her behalf and then she was let at Ansar Burni Welfare Trust from where she was handed over to her parents. She also accused the applicant by stating that he had committed Zina with her. The learned counsel argued that the abductee was not recovered from the applicant nor there was any medical evidence to substantiate the statement of the abductee that she had been subjected to Zina by the applicant.

2. He pointed out that the case is progressing at snail's pace and out of 27 witnesses only three have deposed so far and adjournment applications are being filed by the complainant on one pretext or the other to delay the proceedings in trial.

3. ' The learned State counsel has vehemently opposed the bail application but had to concede that since the medical examination of the abductee was conducted almost 20 days after her recovery when she was going through her menstrual period, it was not possible for the doctors to conclusively hold that she had been subjected to Zina by the applicant. She stated that despite the fact that the abductec who was also implicated as a co-accused in the F.I.R. Has been released on bail but it does not necessarily mean that the main accused should be extended that benefit of bail granted to the abductee and be granted bail on this point only.

4. ' I have examined the records of the case in the light of the arguments of the learned counsel. I am of the opinion that presently except the statement of the abductee there is nothing on record to implicate the applicant in Zina case although there might be circumstantial evidence connecting him with the case of abduction. The aspect of Zina needs further enquiry and therefore, in my view, the applicant is entitled to bail. I therefore, admit the applicant to bail on furnishing solvent surety in the sum of Rs,2,50,000 (Rupees Two lacks Fifty thousand only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.

5. ' The applicant is erected to attend all the hearing of the trial Court and also comply with the directions of the trial Court failing which the benefit of bail may be withdrawn.

6. ' The trial Court is also directed to discourage the complainant from taking adjournment and try to dispose of the case by conducting proceedings on priority basis preferably within a period of six months.

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