ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-213 of 2020

 

Date of hearing

 

Order with signature of Judge

 

 

 

 

 

 

 

 

 

 

 

 

                                    For hearing of bail application.

20.08.2020.

                                Mr. Inam Ali Larik, Advocate for the applicants

Mr. Farhat Ali Bugti, Advocate for the complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, dragged baby Asiya aged about 10 years to their cattle pond, with intention to commit rape with her, for that the present case was registered.

2.        The applicants, on having been refused post-arrest bail by learned 4th Additional Sessions Judge, Larkana, have sought for the same from this Court by way of instant bail application u/s.497 Cr.PC.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its civil dispute with them; no rape has taken place and the very case on investigation has been recommended by the police to be cancelled under “C” class. By contending so, he sought for release of the applicant on bail as his case is calling for further inquiry.

4.        Learned D.P.G for the State has recorded no objection to grant of post-arrest bail to the applicants while learned counsel for the complainant has objected to grant of bail to the applicants by contending that the applicants have committed the offence, which is affecting the society at large.

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

6.        The allegation against the applicants is only to the extent that they dragged baby Asiya to their cattle pond with intention to commit rape with her, which appears to be significant. No rape has taken place. The parties are said to be disputed on civil side and very case on investigation was recommended by the police to be cancelled under “C” class. In these circumstances, it is rightly being contended by learned counsel for the applicants that the guilt of the applicants is calling for further inquiry. 

7.        In view of above, the applicants are admitted to post arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- each 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