SHC grants pre-arrest bail to suspect in underage marriage case

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A view of the Sindh High Court building. — AFP/File
A view of the Sindh High Court building. — AFP/File

KARACHI: The Sindh High Court (SHC) has granted pre-arrest bail to a suspect in an abduction and underage marriage case.

A single-judge bench of the SHC, headed by Justice Mohammad Hasan Akber, noted that a case for further enquiry has been made out with respect to the allegations of abduction and child trafficking, while the maximum punishment for the offence of underage marriage was three years, which did not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code (CrPC).

The applicant, Muhammad Asadullah Rana, through his lawyer, moved the SHC after a sessions court had dismissed his pre-arrest bail application as he was booked for allegedly abducting a 15-year-old girl last year in a Saeedabad locality and contracting marriage with her in violation of the Child Marriage Restraint Act 2013.

The counsel argued that the applicant had been framed in the case, as he had contracted marriage and also produced copies of the nikahnama, freewill certificate and other documents in his defence.

He also asserted that the alleged abductee had been living in the house of the applicant along with his entire family without any compulsion for more than three months, and that neither he nor his family was aware of the age of the alleged abductee, nor was there any document or any material available to verify her age.

An assistant prosecutor general opposed the bail application on the ground that the girl was underage. The bench was also informed by the complainant that a family suit for dissolution of marriage by way of khula had also been filed before the family court.

The bench in its order observed that the alleged abductee was personally heard in detail during the bail hearing and that she narrated the entire chain of events, while the nikahnama, freewill certificate and her statement recorded under Section 164 of CrPC had been considered, all of which reflected discrepancies regarding the age of the alleged abductee.

“On a tentative assessment, without touching the merits of the case, based upon the material available on record and especially based upon the detailed hearing of the alleged abductee in person in court today, a case for further enquiry has been made out in favour of the applicant with respect to the allegations under section 365-B PPC and section 3(2) of the Trafficking in Persons Act 2018, whereas the maximum punishment under section 4 of the Child Marriage Restraint Act 2013, being three years, does not fall under the prohibitory clause of section 497 CrPC”, it added.

Published in Dawn, December 30th, 2025

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