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2010 YLR 693

ALI GOHAR vs THE STATE

Citation2010 YLR 693
CourtSindh High Court
Case No.Criminal Bail Application No,507 of 2009
Date2009-07-24
Judge(s)Muhammad Ismail Bhutto
ResultBail granted

ORDER

1. ' MUHAMMAD ISMAIL BHUTTO, J.---Learned counsel for the applicant submits that there is delay of two days in lodgment of the F.I.R. In which complainant has stated that his sister Mst. Waheeda is wife of Nazir was staying in their house. Nine accused persons with weapons entered into their house and one Khalid forcibly abducted Mst. Waheeda while others namely Rafiq and Mumtaz took out golden ornaments, cash and clothes from the Almirah and went away. He further submits that on 27-1-2009 abductee was recovered and on the same day her 164 Cr.P.C. Statement was recorded before Magistrate, wherein she has not levelled any specific allegation against the applicant but disclosed that he was armed with pistol. Five real brothers were involved in this case.

2. I.O. Has let off four persons. He further submits that statement of abductee shows that co-accused Khalid and two others have forcibly committed Zina upon her. Applicant was arrested on 30-4- 2009 and since challan has been submitted, applicant is no more required for any investigation.

3. ' Learned State counsel opposed for the grant of bail on the ground that applicant along with co- accused entered into the house of complainant and forcibly abducted young lady of 20 years.

4. I have heard learned counsel for the parties and have gone through the material available on record. It is an admitted position that no role has been assigned to the applicant except his presence at the place of incident with pistol. A The specific allegation of abduction of lady and taking of golden ornaments and other articles is against co-accused Khalid, Rafiq Mumtaz. It is also an admitted fact that I.O. Has let off four persons so also abductee has not implicated the present applicant for her abduction and taking away golden ornaments.

5. ' In view of above, I am of the considered view that the applicant has made out case for further enquiry. Bail application stands allowed. The applicant is granted bail subject to his furnishing solvent surety in the sum of Rs,300,000 (three lacs) with PR bond in the like amount to the satisfaction of trial Court.

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