ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 625 of 2016

Applicant:                             Muhammad Ashraf s/o. Asghar Hussain,

                                                through Mr. Muhammad Kamran Mirza,

                                                Advocate.

Respondent:                          The State, through Mr. Abdullah Rajput, APG.

Complainant:                        Mst. Ayesha, through Mr. Ali Asghar Awan,

                                                Advocate.

Date of hearing:                    19.01.2017

Date of order:                        19.01.2017

-----------------

O R D E R.

Zafar Ahmed Rajput, J:-     Having rejected his earlier bail application bearing No. 423 of 2016 by the learned Additional Sessions Judge-II, Karachi South,  vide order dated 12.04.2016, the applicant/accused Muhammad Ashraf s/o. Asghar Hussain, through instant Criminal Bail Application has sought pre-arrest bail  in Crime No. 41 of 2016, registered at P.S. Garden City, Karachi under Section 376(ii)/511/34 P.P.C.  He was admitted to interim pre-arrest bail vide order dated 07.05.2016, now he seeks confirmation of his bail.

2.         The allegation against the applicant/accused is that on 04.03.2016 between 8:00 p.m. to 10:00 p.m. he alongwith two other persons attempted to commit rape on sister of complainant, namely, Asma aged about 10years.

3.         The learned counsel for the applicant/accused has mainly contended that the applicant is innocent and has falsely been implicated in this case; that the F.I.R. has been lodged with delay of one day for which no plausible explanation has been given by the complainant; that no specific role has been assigned to accused; that the medical report of the victim baby is in negative; therefore, the guilt of the applicant/accused requires further probe; hence, ad-interim pre-arrest granted to the applicant vide order dated 07.05.2016 may be confirmed. In support of his contentions, the learned counsel for the applicant/accused has relied upon the case of Faryad Ali alias Muhammad Nawaz vs. The State and another [2016 MLD 307 (Lahore)], Never Das and 4 others vs. The state (2011 P.Cr.L.J. 1015), Haji and another vs. The State (1995 MLD 588), Muhammad Nawaz and another vs. The State and another (2014 YLR 2642), Muhammad Shaukat and another vs. The State and another (2010 P.Cr.L.J. 1775), Muhammad Akram and others vs. The State and another (2012 YLR 1839) and Mazhar and another vs. The State and another (2013 MLD 1115).

4.         On the other hand, learned counsel for the complainant as well as learned APG have vehemently opposed this application on the ground that the applicant/accused alongwith two co-accused attempted to commit rape with a minor girl; as such, he is not entitled for concession of bail. 

6.         I have heard the learned counsel for the parties and perused the material available on record.

7.         It appears that there is an inordinate delay of one day in lodging the F.I.R. for that no plausible explanation has been furnished by the complainant. The alleged victim girl was referred for medical examination and the concerned woman medico-legal officer has not given any incriminating opinion, showing any attempt to commit rape with minor baby. As such, case of the applicant is covered under sub-section (2) of Section 497 Cr. P.C., requiring further inquiry into his guilt.  The applicant was admitted to ad-interim pre-arrest bail on 07.05.2016 and admittedly he is attending the trial Court regularly and has not misused the concession of ad-interim bail. Hence, the interim pre-arrest bail granted to applicant is confirmed on the same terms and conditions.

JUDGE

Athar Zai