GHULAM SARWAR KORAI, J.---This application has been filed under section 498, Cr.P.C., for grant of pre-arrest bail to the applicant.
2. Facts of the case are that on 14-1-2011, Mst. Sana lodged F.I.R. at Police Station Makli stating therein that earlier she was residing at Nawab Shah. Firstly her mother was married with one Ayub and from that wedlock, Asif, Imran, Robina, Bushra and Maryam were born. Then her mother was divorced and contracted second marriage with one Ashiq Ali and gave birth to the complainant and her sister Saba and thereafter Ashiq Ali was died, therefore, the complainant was maltreated by her said step brothers and step sisters. About two years back, the complainant used to reside with her step-brother Imran at Karachi where she was maltreated by her Bhabhi and was also caused cuts. Therefore, she came back to Nawab Shah at the instance of her step brother Asif as he wanted to sell her. About one week back from date of registration of instant F.I.R., the complainant was taken by her brother Imran and sister Bushra at Dargah-e-Abdullah Shah Ashabi where present applicant came to purchase her. The complainant feeling apprehension of her sale, informed Najib Ahmed alias Salman Raja on telephone who also reached at said Dargah and then she contracted marriage with him on 12-1-2011, therefore, her brother Imran became annoyed and lodged F.I.R. against her and her husband on 13-1-2011 at Police Station Thatta where her husband was residing. At 14-1-2011, she appeared before the court of learned Judicial Magistrate, Thatta, and disclosed him all facts, therefore, she was referred to Civil Hospital, Makli for her medical treatment and on her request, F.I.R. was registered against present applicant and others.
3. After registration of F.I.R, pre-arrest bail application of the applicant was filed in the court of learned Sessions Judge, Thatta but same was dismissed by the court of learned II-Additional Sessions Judge, Thatta, vide order dated 7-2-2011 and that order is impugned in the present bail application.
4. I have heard Mr. Iftikhar Ahmed Gohar, learned counsel for the applicant and Mr. Muntazir Mehdi, learned A.P.-G. for the State.
5. Learned counsel for the applicant contended that the applicant is innocent and she has committed no offence' w hatsoever alleged by the prosecution. He further contended that allegations of the complainant do not fulfill requirement of section applied by the prosecution in F.I.R, even F.I.R. was registered after delay of about 3 days. He further contended that the applicant is running NGO in the name of Helpers and always used to help poor ladies, therefore, she has been implicated in the present case at the instance of local police.
6. This bail application has been opposed by learned A.P.-G. for the State on the ground that the applicant is named in F.I.R., therefore, she is not entitled to avail concession of pre-arrest bail.
7. I have also perused the file. Allegations against the applicant are that she came at Dargah-e- Abdullah Shah Ashabi to purchase the complainant. If this part of F.I.R. is believed in toto then same does not fall within definition of sections 344, 357, 371-A, 371-B, P.P.C. neither the complainant was purchased nor she was forced by the applicant. Applicant is a lady and except this portion of F.I.R., there is no other allegation against her, Initially she was granted interim bail which was subsequently recalled and her bail application was dismissed. During the period, while she remained on interim bail, there is no complaint from prosecution about her non-cooperation with investigation. Therefore, under these circumstances, I am of the view that the applicant is entitled for the concession of pre-arrest bail.
Therefore, her bail application was allowed and interim bail already granted to her was confirmed vide order dated 11-3-2010 and these are the reasons.