2026 P Cr. L J 588

 2026 P Cr. L J 588

[Sindh]

Before Muhammad Hasan (Akber), J

KIRAN SOHAIL and others---Applicants

Versus

The STATE---Respondent

Criminal Bail Applications Nos. 2267, 1810 and 1777 of 2025, decided

on 3rd October, 2025.

(a) Criminal Procedure Code (V of 1898)---

----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 prima facie 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.

Sadiq Hussain and another v. Deputy Director, Federal Investigation

Agency and others 2025 PCr.LJ 1145 rel.

(b) Criminal Procedure Code (V of 1898)---

----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.

Rashid Mustafa Solangi and Imtiaz Ali Jatoi for Applicant (in

Criminal Bail Application No. 2267 of 2025).

Shaukat Hayyat, Syed Muhammad Abdul Kabir and Miss Amna

Magsi for Applicant (in Criminal Bail Application No. 1810 of 2025).

Aamir Mansoor Qureshi for Applicant (in Criminal Bail Application

No. 1777 of 2025).

Shah Hussain, Assistant Attorney General along with IO/SI Rafia

Altaf of FIA, AHT Circle, Karachi for the State.

Date of hearing: 25th September, 2025.

ORDER

MUHAMMAD HASAN (AKBER), J.---This common order will decide

the subject three bail applications, in view of their inter-connected

facts in the same crime. The proceedings were initiated in Crime

No.191/2025, registered at P.S. FIA AHT Circle, Karachi for offences

under Sections 3, 4, 5 of the Prevention of Trafficking in Persons Act,

2018 (Amended 2025), [PTPA] read with Sections 419, 420, 468, 471,

109, P.P.C. Earlier, the bail applications by all three applicants, Kiran

Sohail, Dr. Mumtaz Nayani and Yasmin Mawani were rejected by the

learned Special Judge (Central-II), Karachi vide common Order dated

23.07.2025, which has been impugned herein.

2. Prosecution case is that on 09.06.2025, Immigration authorities

intercepted accused/ applicant Kiran Sohail carrying and showing the

victim child, Zayaan as her real son, while attempting to proceed to

Mozambique by way of Ethiopian Flight No.ET-695 along with her

family. Accused Kiran Sohail was handed over to FIA, AHT Circle for

Inquiry, wherein it transpired that she is not the biological mother of

the victim child Zayaan. On interrogation, she revealed that one Suhail

Ali, living in Mozambique was in need of a child for his boss in

Mozambique who had no son. It was further revealed that the victim

child Zayaan was born on 02.09.2024, and was arranged by one

Hameeda alias Major Maan, working in Darkhana Jamat Khana at

Garden East, Karachi against an amount of Rs.10/12 Lacs, from one Dr. Lubna Siddiqui, who is a government employee working in the Health

Department, Government of Sindh and is also CEO of an NGO, Nayab

Welfare, Human Health Care and Orphanage Association. The child

was given under the care of a caretaker, namely, Baby alias Lakshmi

wife of Mukesh through co-accused Yasmeen Mawani. The Birth

Certificate dated 04.09.2024 of the victim child was also arranged by

Yasmeen Mawani under instructions of Hameeda alias Major Maan.

Dr. Mumtaz Nayani, who was operating her clinic at 9-12, Fatima

Plaza, CS-4, Block-7, F.B. Area, Karachi prepared the Birth Certificate

under her letterhead, with a fake stamp showing her as working with

SSGC Medical Services and Department, whereas in reality, she had

actually retired in the year 2016. The remaining documents of the

victim child viz. CRC from NADRA Mega Centre, SITE, Karachi, and his

Passport from RPO, Saddar, Karachi were arranged by accused Kiran

Sohail on the basis of the said Birth Certificate, by falsely showing

child Zayaan as her biological son. She visited NADRA along with her

husband and caretaker, Baby Lakshmi. Invitation letter for visas and

air tickets were arranged by Sohail Ali, resident of Mozambique and

all expenses on account of CRC, Passport, caretaker's wages, etc. were

borne by said Sohail Ali paid through Yasmeen Mawani. Yasmeen

Mawani also visited and took custody of the child from the above

referred Dr. Lubna, a government employee and CEO of NGO, Nayab

Welfare and Orphanage. The Inquiry therefore established that an

organized criminal group , consisting of accused persons, Kiran Sohail,

Sohail Ali, resident of Mozambique, Hameeda alias Major Maan,

Yasmeen Mawani, Dr. Mumtaz Nayani, Dr. Lubna Siddiqui and others

have hatched a criminal conspiracy and participated in illegal

trafficking of the victim child Zayaan to Mozambique, on the basis of

above referred documents containing false information. Their such

acts constitute commission of offences punishable under Sections 3, 4,

5 of the Prevention of Trafficking in Persons Act, 2018 (Amended

2025), read with Sections 419, 420, 468, 471, 109 P.P.C, hence the subject

FIR against the accused persons for child trafficking, fabrication of

false and forged documents.

3. Learned counsel for applicant Kiran Sohail (Bail Application

2267/2025) argued that applicant/accused is innocent and she has been

falsely implicated in this case by FIA officials. The applicant has never

signed or prepared forged or fabricated documents as alleged. He

further argued that there is no direct evidence against the applicant,

except her offloading along with child Zayyan, who was proceeding

abroad on a family trip along with her family; that child Zayaan is

adopted one, who was left by his parents in Edhi Cradle and she cared

him as her real son with the consent of her husband; that investigating

agency has failed to locate biological parents of child Zayaan; that without any concealment, applicant clearly disclosed before FIA

Officials that Zayaan is an adopted son, however, rest of the story has

been managed by FIA officials; that WhatsApp messages and

communication is subject to verification by forensic process, which is

yet to be done. He further added that the applicant is behind bars

since her arrest and that case of applicant requires further inquiry in

terms of Section 497(2), Cr.P.C.

4. Learned counsel for applicant Dr. Mumtaz Nayani (Bail

Application No.1810/2025) argued that applicant is an old widowed

lady, and is a doctor by profession, she is sick and infirm person, aged

more than 60 years, she is innocent and has been falsely implicated in

this case by FIA official; that birth certificate of child Zayaan was

allegedly issued on 04.09.2024 whereas alleged incident took place on

09.06.2025, i.e. after nine months of issues of birth certificate, as such,

question of connivance, abetment and criminal conspiracy does not

arise; and that provisions of Sections 3, 4 and 5 of Act, 2018 (Amended

2025) are not applicable to the instant case.

5. Learned counsel for applicant, Yasmeen Mawani (Bail Application

No.1777/2025) argued that applicant is an old widowed lady, she is

innocent and has been falsely implicated in this case by FIA official;

that applicant has been involved in the instant case on the statement

of co-accused Kiran Sohail, without any independent corroboration,

which is inadmissible in the eyes of law; that applicant had never

visited any of the Offices for preparation of alleged documents in

respect of child Zayaan, rather the principal accused had admitted that

she along with her husband personally visited NADRA office to get

issued CNIC of child Zayaan; that provisions of Sections 3, 4 and 5 of

Act, 2018 (Amended 2025) are not applicable to the instant case; and

that this is a case of no evidence, as such, her case falls under the

provisions of Section 497(2), Cr.P.C.

6. Controverting the above position, learned Assistant Attorney

General, duly assisted by Investigation Officer, opposed the grant of

bail and informed that at present, there are 7 accused in this Crime,

out of which two are absconders, other two have not applied for bail

and the remaining three are applicants before this Court. It was

argued that applicant applicants have been found actively involved in

the organized crime, the child Zayaan was recovered from the custody

of Kiran Sohail, who was admittedly not her biological son and was

intended to be taken abroad by her to be handed him over to the boss

of her husband in Mozambique; that false and fabricated documents

in respect of child Zayaan were got prepared by her in collaboration

with co-accused in order to facilitate the illegal and unlawful

trafficking of child from Pakistan to Mozambique. Further pleaded the role of other applicants/ accused along with the material recovered so

far; that interim report has been submitted before learned trial Court,

yet case is under further investigation and time has been sought for

completion of investigation and submission of final report; that

applicant/accused has been found involved in fraud, cheating and

forgery of documents so also human trafficking, being a serious crime.

He lastly prayed for the dismissal of all bail applications.

7. Heard learned counsel for the parties, learned AAG and perused

the record with their able assistance.

8. In Pakistan, the Prevention of Trafficking in Persons Act, 2018

[PTPA] comprehensively criminalizes human trafficking,

encompassing recruitment, transportation, and exploitation of

individuals through coercion, fraud, or abuse of power. Section 4,

PTPA outlines aggravating circumstances and provides that where an

offence under section 3 involves (a) serious injury, life-threatening

illness, or death of the victim or another person; (b) activity of an

organized criminal group; (c) confiscation or destruction of any travel

document of the victim; or (d) repetition of the offence by the same

offender; the offender shall be punished with imprisonment which

may extend to fourteen years and which shall not be less than three

years and fine which may extend to two million rupees.

9. The term "organized criminal group" has been defined in the

Explanation to section 4, as a structured group of two or more persons,

existing for a period of time and acting in concert with the aim of

committing any offence under this Act, in order to obtain, directly or

indirectly, any financial or other material benefit. Section 5 of the

PTPA addresses abetment and criminal conspiracy. Subsection (1)

provides that any person who participates as an accomplice, aids, or

abets an offence under section 3 or section 4 shall be punished in

accordance with Chapter V of the Pakistan Penal Code. Subsection (2)

specifies that any person who is part of a criminal conspiracy to

commit an offence under section 3 or section 4 shall be punished in

accordance with Chapter V-A of the Code. Hence, the punishment for

offence under section 5 of PTPA punishable under Chapter V and V-A

P.P.C., i.e. abatement and criminal conspiracy under sections 109 and

120-B P.P.C., are punishable up to 14 years with fine up to Rs.02 Million.

10. Shedding light on the international obligations of Pakistan in the

comity of States on prevention of organized human trafficking and

beggary, the Lahore High Court in a recent case of Sadiq Hussain

1

observed that:

43. Pakistan has a comprehensive legal framework to regulate the

entry and exit of individuals, including both citizens and foreigners, at its borders. Standing Order No. 31/2005 was

introduced to streamline the duties of immigration officers at

the country's international airports and provide clear job

descriptions for their roles. This Standing Order empowers the

Special Checking Officer to scrutinize passengers whose profiles

appear inconsistent with their stated purpose of travel. By

formalizing procedures, the framework aims to prevent

arbitrary actions by immigration staff and protect passengers

from unnecessary harassment.

44. In the context of human trafficking, the FIA must adhere to the

PTP Rules. Recently, the FIA Risk Analysis Unit developed a

standardized set of interview questions to assist immigration

staff in identifying individuals suspected of travelling abroad for

organized beggary. These questions were officially circulated

through Letter No. FIA/ IMMGN/ RAU/ 2024/ 3010 dated 5.8.2024.

This initiative serves a dual purpose: it aids in preventing

individuals involved in such activities from leaving the country

while also ensuring that immigration officers conduct

screenings in a fair and non-arbitrary manner. It safeguards the

rights of travellers, shields them from undue harassment, and

fosters transparency and accountability in immigration

processes.

45. In the present case, as discussed, Respondent No.3 was justified

in offloading the eight passengers. His action aimed to protect

the public interest and ensure compliance with international

obligations.

11. The United Nations Office on Drugs and Crime (UNODC), in its

article UNDERSTANDING CHILD TRAFFICKING

2 reports that

approximately one in every three trafficking victims detected is a

child. It also points out the forms of exploitation of trafficked children

as: Sexual exploitation, forced labour, begging and petty crimes, use in

armed conflict, child marriage and Illegal adoptions. It also records

adverse impacts of child trafficking on society at large.

12. Moreover, in its GLOBAL REPORT ON TRAFFICKING IN PERSONS

3 reports that:

..The analysis also found girls and women are three times more

likely to suffer explicit or extreme violence during trafficking

compared to boys and men, and children overall are two times

more likely to be subjected to violence than adults.

In the said Report, at FINDING NO.9: WOMEN AND CHILDREN

SUFFER GREATER VIOLENCE AT THE HANDS OF TRAFFICKERS it records,

Analysis of court cases shows that female victims are subjected to

physical or extreme violence at the hands of the traffickers at a

rate three times higher than adults, while children are subjected

to physical or extreme violence at a rate almost two times higher

than adults.

13. Lastly, for obtaining a Birth Certificate of a newly born child from

the concerned Union Council, including a child who is born through

midwives or at home, a complete procedure is also provided under the

Birth Death, Marriage and Divorce Registration Bye-Laws 2017 under

sections 6 and 139 of the Sindh Local Government Act, 2013.

14. Coming to the facts in the Bail Application 2267/2025 filed by the

applicant/ Kiran Sohail, the prosecution case has already been recorded

at para 2 ibid, which is not being reproduced here for brevity s sake. It

is also noted that at the bail stage, only a tentative assessment is to be

made by the Court, while a deeper appreciation of the evidence is not

permissible. The role and material attributed towards the

applicant/Kiran Sohail reflects as follows: that the child/ Zayyan was in

her custody when they were intercepted at the airport; that the child

was being taken to Mozambique; that she was claiming herself as the

real mother of the child; that during such travel she 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; that for procuring all the above referred and other documents,

money was received and paid through co-accused persons; that the

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 under sections 6 and 139 of the Sindh Local

Government Act 2013; that no Guardianship Certificate by a Court of

competent jurisdiction was applied by her for adopting the said child;

that the victim child was being carried out of Pakistan s territory; and

as per her Statement, the child was to be handed over by her in

Mozambique to Sohail Ali for her boss. No enmity or mala fide against

FIA officials has been pointed out for her implication. In view of the

above role and material on record, on a tentative and prima facie

assessment, a strong prima facie case with ample material establishes

her 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 points towards her central

role in the whole scheme. In view whereof, no case of Further Inquiry is

made out in her favour, hence her bail application is, therefore,

dismissed. 15. Turning to the next two bail applications, the role and material

attributed to connect the applicant/ Dr. Mumtaz Nayani (Bail

Application No.1810/2025) with the alleged crime, is the Birth

Certificate of the victim child, which was issued by her, containing

information that the accused/ Kiran Sohail is the real mother of the

child. Moreover, a stamp is also affixed on the said Certificate, which

shows her working as SSGC Medical Services and Department, which

has been verified by the IO and has 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. Dr. Mumtaz on the other

hand claims 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

provide to her by co-accused Yasmin Mawani. Although the allegedly

impersonating stamp may not have much of an impact on the present

case, on a tentative and prima facie assessment, the Birth Certificate

itself is enough to connect her with the crime and take her case out of

the ambit of Further Inquiry . The role and material attributed to the

third applicant/ Yasmin Mawani (Bail Application No.1777/2025) is that

she actively participated in the crime as the child was given under the

care of Baby alias Lakshmi wife of Mukesh, through Yasmeen Mawani.

The arrangements for issuance of Birth Certificate dated 04.09.2024 of

the victim child through Dr. Mumtaz was also done by Yasmeen

Mawani. Expenses on account of CRC, Passport, caretaker's wages, etc.

were borne by said Sohail Ali which were paid through Yasmeen

Mawani. Lastly, Yasmeen Mawani also visited and took custody of the

child from Dr. Lubna, the government employee and CEO of the NGO,

Nayab Welfare Orphanage. Hence, on a tentative and prima facie

assessment, ample material in the form of statements, mobile calls,

chats and other documents have been collected by the IO which

connects her with an active role and links with the international

handlers in Mozambique and also with local co-accused persons,

which is enough to connect her with the crime; hence no case of

Further Inquiry is made out in her favour. However, the only factor,

which convinces me to exercise discretion for grant of bail in favour of

these two applicants (Dr. Mumtaz Nayani and Yasmeen Mawani) is

that Dr. Nayani is a retired doctor and widow of advanced age of

around 69 years, who is suffering from heart ailment; whereas Yasmin

Mawani is also an old aged widow lady of around 68 years; and both of

them are in custody since past more than three months. IO confirms

that challan to their extent has been submitted, whereas further

investigation is ongoing. 16. Hence, solely on such considerations of their old age and fragile

health, the bail applications of Dr. Mumtaz Nayani and Yasmeen

Mawani are allowed; and they are admitted to bail subject to

furnishing solvent surety in the sum of Rs.100,000/- (Rupees One

Hundred Thousand only) each, with one P.R. bond each in the like

amount, to the satisfaction of the learned trial Court. The applicants

shall fully cooperate with the investigation and the trial Court; no

unnecessary adjournments shall be granted; and in case of non-

cooperation with the investigation, or misuse of bail, the trial Court is

competent to initiate proceedings for recall of bail, without referring

to this Court. The observations made herein are tentative in nature,

which shall not influence the learned trial Court in its independent

adjudication of the case, on its merits.

17. Lastly, in view of the alleged involvement of a government

officer working in the Health Department, Government of Sindh; an

NGO involved in receiving and delivery of custody of children; and the

issuance of fabricated Birth Certificate, which activities appear to be

facilitating in sale and trafficking of children, Office is directed to send

a copy of this Order to the learned Chief Secretary, the Secretary

Health Department and the Secretary Social Welfare Department,

Government of Sindh for their kind attention.

18. Before parting with this Order, the diligent assistance provided

by the learned A.A.G. and the Investigation Officer is appreciated.

JK/K-17/Sindh Application dismissed.