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1989 MLD 708

GHULAM RASUL vs THE STATE

Citation1989 MLD 708
CourtSindh High Court
Case No.Criminal Bail Application No. 1269 of 1988
Date1988-12-27
Judge(s)Mukhtar Ahmed Junejo
ResultBail granted

ORDER

1. Applicant Ghulam Rasool has moved for bail in F.I.R. No. 55/85 of Police Station, Sanghar.

2. According to F.I.R. 15 days prior to 21-7-1983 at about 11/12 noon Muhammad Hanif, Arshad alias Achoo, Anwar and Mst. Maqbool Begum alias Rani trespassed in house of complainant Gulzar situated to Housing Society, Sanghar and insisted upon Mst. Nasim and Mst. Shamim to be taken to house of Muhammad Hanif. Subsequently, the two girls were dragged by Muhammad Hanif and his wife Maqbool. Anwar and Arshad removed from the complainant's house some household articles.

3. Cries raised by the complainant attracted witnesses Muhammad Zar and Muhammad Tufail who saw the incident. The two girls were put in a car, which was driven away. Such F.I.R. Was lodged by Gulzar.

4. I have heard Mr. Abdul Majid, Advocate for the applicant and Mr. Abdul Hafeez Lakho, A.-G., Sind.

5. Learned counsel for the applicant argued that the name of the applicant did not appear in the F.I.R.

6. And that the story given by Mst. Shamim in her 164 statement was improbable because the father of two sons could not have committed sexual intercourse in his house in presence of his sons and other family members.

7. Mr. Abdul Hafeez Lakho did not oppose bail on the ground that there was nothing in the record to show if Mst. Shamim had alleged rape by applicant Ghulam Rasool. To that extent learned Advocate-General did not agree with the observation by the learned Additional Sessions Judge.

8. Name of applicant does not appear in the F.I.R. Or in the 164 statement of Mst. Shacnun. The F.I.R. Is delayed by 15 days. Co-accused Abdul Karim was granted bail by me on 8-11-1988. In the circumstances I grant bail to applicant Ghulamn Rasool in the sum of Rs.50,000 with P.R. Bond in the like amount to the satisfaction of the Additional Sessions Judge, Sanghar.

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