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