ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr.Bail.Appl.No.S-  13  of  2017

DATE        ORDER WITH SIGNATURE OF JUDGE

19.06.2017.

Applicant produced in custody.

Mr. Aslam P. Sipio, Advocate for applicant.

Mr. Shahid Ahmed Shaikh, A.P.G. for the State.

Complainant present in person.

                             =

          Through instant bail application, applicant seeks post arrest bail in

Crime No.55 of 2015 registered at PS Matiari u/s 377, 34 PPC.

2.       Precisely, the relevant facts of the case are that the applicant attempted to commit un-natural offence upon Shahbaz aged about 04 years but on cries, witnesses gathered there; accuses escaped away.  

3.       Learned counsel for the applicant contends that at the time of offence applicant was aged about 13/14 years and was studying in 8^th class; since two years he is in jail; nature of offence is not gruesome and shocking; applicant is also juvenile; the allegation as leveled are to be proved by the prosecution at the time of trial hence bail cannot be withheld as conviction.   

4.       Learned A.P.G. raised objection.

5.       Since the applicant was minor at the time of incident being 13/14 years old and was studying in 8^th class; since two years he is in jail yet the trial is not commenced  hence being juvenile he is entitled for the concession of bail. Accordingly, applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                JUDGE

Tufail