ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-210 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

20.08.2020

Mr. Haji Ahsan Ahmed Memon, Advocate for applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, abducted Mst.Samina, a lady having disability alongwith her belongings worth Rs.378,000/- and then subjected her to rape, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned Sessions Judge, Shikarpur, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR of the incident has been lodged with delay of more than twenty days and no effective role in commission of the incident is attributed to the applicant. By contending so, he sought for release of the applicant on bail on point of further enquiry.  

4.        Learned D.P.G. for the State has opposed to grant of bail to applicant by contending that he is vicariously liable for commission of the incident.

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

6.        The FIR of the incident has lodged with delay of about twenty days and such delay having not been explained plausibly could not be overlooked. Mst.Samina has appeared at P.S Store Ganj, of her own, which appears to be significant and she in her 161 Cr.PC statement has leveled allegation of abduction and rape against co-accused Abbas. In these circumstances, it is rightly being contended by learned counsel for the applicant that the guilt of the applicant is calling for further inquiry. 

7.        In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial court.

8.        The instant bail application is disposed of accordingly.

                                     J U D G E