ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Appl No.S-784/2017

Date	Order with signature of Judge

Before:

Mr. Justice Amjad Ali Sahito.

Applicant: Samar Hussain (shown in FIR as Samar Abbas)

S/o Nazar Hussain, by caste, Halepoto, Adult, Muslim

Resident of Village Tando Shah, Taluka Kotdiji,

District Khairpur.

Manzoor Hussain Halepoto, Advocate for applicant.

Respondent: State through Mr. Afzal Hussain Talpur, DPG.

Date of hearing: 17.09.2018.

Date of Decision: 17.09.2018.

O R D E R

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AMJAD ALI SAHITO,J. Through instant bail application, applicant Samar Hussain seeks pre-arrest bail in crime No. 122/2017, offence punishable u/s: 377, 34 PPC, registered at Police station Kotdiji. Earlier, his pre-arrest bail application was declined by learned Additional Sessions Judge-I Khairpur vide order dated: 10.11.2017.

2. Precisely, prosecution case is that on 21.09.2017 complainant along with his uncle Rabnawaz, cousin Rajib Ali left from their house and went towards their land for work. It was about 12:30 pm, when they reached at the cotton crop, they heard some cries of persons from cotton crop, they wnet towards the pointed place, where they saw accused Munawar and Abdul Latif while catching hold his brother Muhammad Abbas and applicant Samar committing sodomy/unnatural offence with Muhammad Abbas, to whom, they gave hakals, on which, all three accused persons, while leaving behind his brother Muhammad Abbas fled away towards eastern side, Thereafter complainant party brought Muhammad Abbas to police station Kotdiji, wherefrom they obtained letter for treatment and then brought him at Taluka Hospital Kotdiji. After treatment of his brother, complainant filed an application before Sessions Judge Khairpur for directions to the SHO PS Kotdiji to lodge FIR of the complainant and after obtaining such order dated: 11.10.2017, complainant appeared at policed station and lodged FIR on 12.10.2017 at 1800 hours.

3. Learned counsel for the applicant contends that applicant is innocent and falsely been involved in this case due to enmity over the street; that story of the FIR is concocted and fabricated; that there is unexplained delay of about 21 days in lodgment of the FIR; that father of applicant/accused Munawar namely Manzoor Ali had registered FIR bearing crime No. 109/2017 for offence punishable u/s: 324, 337-H-2, 34 PPC at police Kotdiji against the relative of complainant namely Farhan and Maqbool Soomro and due to such annoyance, present FIR has been lodged, that no offence as alleged in the FIR has taken place, but complainant has lodged false FIR. Lastly he prayed for confirmation of interim pre arrest bail already granted to the applicant.

4. On the other hand, learned APG assisted by learned counsel for complainant vehemently opposed the bail application and submitted that name of the applicant/accused is transpired in the FIR with the specific role. He further submitted that applicant along with his accomplices has committed heinous offence of committing zina with the young boy of 14/15 years old. Lastly he prayed for dismissal of the instant bail application.

5. I have heard learned counsels for the parties and perused the record. Admittedly, the incident is alleged to have taken place on 21.09.2017 at 12:30 pm, while complainant has lodged FIR on 12.10.2017 at 1800 hours on the order of learned Sessions Judge Khairpur vide order dated: 11.10.2017, hence after incident, complainant brought his brother at hospital for treatment and then approached to the learned Sessions Court for seeking order, hence delay has been explained by the complainant. Furthermore, name of applicant/accused is transpired in the FIR with the specific role that he has committed sodomy with brother of complainant namely Muhammad Abbas. Furthermore, chemical examiner report has given report in positive and opined that human semen detected in one post anal cotton swabs of glass of bottle No.2, as such, medical evidence also support the ocular version of the complainant set-forth in the FIR. Furthermore, PWs have supported the version of the complainant and statement of victim Muhammad Abbas also connect the applicant with the commission of the alleged offence. Applicant along with his accomplices have committed heinous offence of sodomy with a young boy of 14/15 years old.

6. In view of above discussion, I am of the view that all the above facts and circumstances connect the applicant with the commission of the heinous offence which falls within the prohibitory clause of section 497 Cr.PC, therefore, instant bail application is dismissed and resultantly order dated 20.12.2017, whereby interim pre arrest bail granted to the applicant is recalled.

7. Needless to mention herein that the observations made herein above are tentative in nature and would not prejudice the case of either party at trial.

JUDGE

Sajjad