ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 742 of 2018
Date Order
with Signature of Hon’ble Judge
For hearing of bail application
13-05-2019
Mr. Rukhsar Ahmed Junejo advocate
for applicant.
Mr. Aijaz Ahmed Naich Advocate for
complainant
Mr.
Shafi Muhammad Mahar DPG
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Irshad Ali Shah, J; It is alleged that the applicant with rest of the
culprits in furtherance of their common intention abducted Shoaib Ahmed a boy
aged 16/17 years, administered some intoxicant substance to him, committed
unnatural offence with him and then committed his death by strangulating his
throat, for that the present case was registered.
2. The applicant on having been
refused bail by learned IV-Additional Sessions Judge Pano Aqil has sought for
the same from this Court by way of instant application under section 497 Cr.PC.
3. It is contended by learned
counsel for the applicant that applicant being innocent has been falsely
involved by the complainant, the FIR of the incident has been lodged with delay
of two days, the complainant is not an eye witness to the actual death of the
deceased and if the statement of DW Bakhan Khan is taken in to consideration
then it makes the case of the applicant to be of a further inquiry. By
contending so, he sought for release of the applicant on bail pending trial.
4. Learned DPG for the State
and learned counsel for the complainant have opposed the release of applicant
on bail by contending that he has committed the heinous offence with the
clandestine manner.
5. I have considered the above
arguments and perused the record.
6. Name of the applicant is appearing
in FIR with specific allegation that he with rest of the culprits took the deceased
with them after administering some intoxicant substance to him through a cup of
tea. Subsequently the deceased was found lying in field of Haji Zahoor Ahmed Bullo
and on inquiry he disclosed to the complainant and witness that the applicant
and others after keeping him under unlawful confinement and administering some
intoxicant substance have subjected him to unnatural lust and then have
strangulated his throat with intention to commit his murder. In that situation
it would be pre-mature to say that the applicant being innocent and has been
involved in this case falsely by the complainant party. It would be also
unjustified to disbelieve the complainant and his witnesses at this stage while
believing DW Haji Bakhan Khan. The deeper appreciation of the facts and
circumstances are not called for at bail stage. Indeed there appears reasonable
grounds to believe that the applicant has committed the offence with which he
is charged. No case for release of the applicant on bail is made out.
Consequently, the instant application is dismissed.
Judge
Rafi