Kiran Sohail vs State S — 2026 PCrLJ 588 KARACHI-HIGH-COURT-SINDH

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Kiran Sohail VS State S. 497---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109---Prevention of Trafficking in Persons Act (XXXIV of 2018), Ss. 3, 4 & 5---Trafficking in persons through forged documents---Bail, dismissal of---Allegations against the accused-applicant were that she transported the minor to a foreign country by showing the minor as her real son whereas she was not biological mother of the minor---Role and material attributed towards the applicant/"KS" reflected that the child was in her custody when they were intercepted at the airport---Child was being taken to M-(Mozambique) by accused-applicant "KS" by claiming herself as the real mother of the child---During such travel accused/applicant "KS" was carrying identification and travel documents of the child, like birth certificate, passport, visa etc., wherein she was shown as the real mother of the child---For procuring all the referred and other documents, money was received and paid through co-accused persons---Birth Certificate of the child was obtained from the concerned Union Council by her in violation of 'Birth Death, Marriage and Divorce Registration Bye-Laws 2017'---No guardianship certificate by a Court of competent jurisdiction was applied by accused/applicant "KS" for adopting the said child---Victim child was being carried out of Pakistan's territory; and as per statement of accused/applicant "KS", the child was to be handed over by accused/applicant "KS" in M-(Mozambique) to her husband for her boss---No enmity or mala fide against FIA officials had been pointed out for her implication---In view of the said role and material on record, on a tentative and prima facie assessment, a strong primafacie case with ample material establishedapplicant's connection along with active participation in the alleged crime of child trafficking, in connivance with other co-accused as an 'organised criminal group' with international links and pointed towards her central role in the whole scheme---In view whereof, no case of 'further inquiry' was made out in favour of accused/applicant "KS"---Bail application was dismissed, in circumstances. Citation Name: 2026 PCrLJ 588 KARACHI-HIGH-COURT-SINDHBookmark this Case Kiran Sohail VS State S. 497---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 109---Prevention of Trafficking in Persons Act (XXXIV of 2018), Ss. 3, 4 & 5---Trafficking in Persons through forged documents---Bail, grant of---Female accused---Old age---Fragile health---Allegations against the applicant/Dr. "MN" were that the birth certificate of the victim child was issued by her, containing information that the accused/"KS" was the real mother of the child---Moreover, a stamp was also affixed on the said certificate, which showed her as working in SSGC Medical Services and Department, which had been verified by the Investigating Officer and had been reported as fake by the said institution, while in reality, she already retired way back in 2016---All subsequent documents, from NADRA and Passport office etc., were prepared based upon such birth certificate---Said applicant on the other hand claimed that she was not present at the time of the birth of the child, since the birth procedure was conducted by a midwife and therefore she issued the certificate in good faith, as per information provided to her by co-accused "YM"---Although the allegedly impersonating stamp might not have much of an impact on the present case, but on a tentative and prima facie assessment, the birth certificate itself was enough to connect her with the crime and take her case out of the ambit of 'Further Inquiry'---Role and material attributed to the third applicant/"YM" was that she actively participated in the crime as the child was given under the care of Lady "L" through "YM"---Arrangements for issuance of birth certificate of the victim child dated 04.09.2024 through Dr. "MN"/applicant was also done by "YM"---Expenses on account of CRC, Passport, caretaker's wages, etc. were borne by the husband of accused "KS" which were paid through "YM"---Lastly, "YM" also visited and took custody of the child from Dr. "L", the government employee and CEO of the NGO, Nayab Welfare Orphanage---Hence, on a tentative and prima facie assessment, amplematerial in the form of statements, mobile calls, chats and other documents hadbeen collected by the Investigating Officer which connected her with an active role and linked her with the international handlers in M-(Mozambique) and also with local co-accused persons, which was enough to connect her with the crime; hence no case of 'further inquiry' was made out in her favour---However, the only factor, which convinced the court to exercise discretion for grant of bail in favour of these two applicants (Dr. "MN" and "YM") was that Dr. MN was a retired doctor and widow of advanced age of around 69 years, who was suffering from heart ailment---Whereas "YM" was also an old aged widow lady of around 68 years; and both of them were in custody since past more than three months---Investigating Officer confirmed that challan to their extent had been submitted, whereas further investigation was ongoing---Hence, solely on such considerations of old age and fragile health, the bail applications of Dr. "MN" and "YM" were allowed, in circumstances.

Kiran Sohail vs State S — 2026 PCrLJ 588 KARACHI-HIGH-COURT-SINDH

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