Sajid Ali vs State S — 2025 YLR 2658 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2658 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Sajid Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sajid Ali VS State S. 497---Penal Code (XLV of 1860), Ss. 376, 335 & 342---Rape, itlaf-i-salahiyyat-i-udw, wrongful confinement---Bail, grant of---Further inquiry---Allegation against the accused-applicant was that he confined the victim wrongfully and committed zina with her---Admittedly, victim was previously wife of the present applicant and claim of the victim was that the applicant had divorced her and subsequently, she had remarried with one "A" and thereafter, the present applicant had committed zina with her---It was alleged by applicant that prior to this, applicant also lodged FIR against alleged victim and "A" for committing Nikah over Nikah and the applicant had not committed any offence---Although there was allegation against the applicant that after divorcing his wife, he had committed zina with his ex-wife/victim but no medical certificate was available on record to believe the same---All those aspects of the case shall be decided by the Trial Court when evidence would be recorded---At bail stage, only tentative assessment was to be made and deeper appreciation was not permissible---Applicant was in jail and he was no more required for investigation---Further detention of applicant would not improve the case of the prosecution---In such circumstances, applicant had made out a case for grant of bail in terms of subsection (2) of S.497, Cr.P.C.---Bail application was allowed, in circumstances.

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