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
>>>>>>>…<<<<<<<<
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