ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 697 of 2018

For hearing of bail application

21.01.2019

Mr. Sohail Ahmed Khoso Advocate for the Applicant

M/s Alam Sher Bozdar and Ali Asghar Panhiyar Advocate for complainant

Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprit obtained obscene photographs of PW Bilal Ahmed aged about 13/14 years after resorting to immoral actions and then threatened him to keep such photographs in social media accounts in case he failed to have friendship with him and others for that the present case was registered.

2. The applicant sought for his release on bail by way of filing an application u/s 497 Cr.P.C, it was dismissed by learned Additional Sessions Judge Ubauro with the following observation;

“I have carefully considered the arguments of learned counsel for the parties. There is some substance in the contention of learned counsel for accused/applicants that offence u/s 367-A PPC has been wrongly applied, but it does not mean that accused/applicants have not committed any offence. As per contents of FIR victim who is 13 years boy was taken by accused/applicants to a house where he was sexually abused. His photographs were taken and uploaded on the internet. He was threatened that if you will not have illicit unnatural relations with them his photographs will be uploaded on the internet which was subsequently uploaded also. Due to fear he discontinued his study in school. There is absolutely nothing on record that complainant had got any enmity with the accused persons. One photograph is available in the police file which shows that one of the three accused was kissing the victim on his lip. Even, if unnatural inter course not committed. Offence of accused/applicants falls u/s 377-B PPC which provides punishment of seven years and as offence is affecting the society and a waive of fear has travelled in young boys. So far delay is concerned in my view, it is not fatal in the circumstances of the case. When elders of the victim have come to know about the incident, they have lodged the FIR. The case is fresh, enlargement of accused on bail not only, encourage the present accused/applicants, but would also sent the message of encourage to all those who are involved in such heinous activities. The offence attracts provision of section 377-B PPC & 19 b & c of Prevention of Electronic Crime Act-2016 punishment to five years.”

3. The applicant now by way of instant application u/s 497 Cr.P.C has sought for his release on bail from this Court.

4. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant party, there is delay about eighteen days in lodgment of FIR, no obscene photograph of PW Bilal Ahmed is secured by the police during course of investigation and there is no medical evidence. By contending so, he sought for release of the applicant on bail on point of further inquiry.

5. It is contended by learned counsel for the complainant that the applicant is neither innocent nor is involved in this case falsely by the complainant party, the offence which the applicant has committed is affecting the society at large, the applicant as such is not entitled to be released on bail. By contending so, he sought for dismissal of instant bail application.

6. Learned DPG for the State has recorded no objection to grant of bail to applicant.

7. I have considered the above arguments and perused the record.

8. Admittedly, the FIR of the incident has been lodged with delay of about eighteen days without plausible explanation; same as such could not be lost sight of. There is no medical evidence which may suggest that PW Bilal Ahmed has been subjected to unnatural lust. No obscene photograph allegedly kept in social media by the applicant and others, the police is able to secure during course of investigation in accordance with law, which appears to be significant. In these circumstances, the guilt of the applicant obviously is calling for further inquiry.

9. Above are the reasons of short order dated 18.01.2019 whereby the applicant was admitted to bail which reads as under;

“For the reasons to be recorded later on, the applicant/accused Ghulam Abbas Arain is admitted to post-arrest bail subject to his furnishing surety in the sum of Rs.50,000/- (Fifty thousand) and PR bond in the like amount to the satisfaction of learned trial Court”

Judge

ARBROHI