IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail Appln. No.
S – 508 of 2021
Applicant : Asad Ali alias Asadullah S/o Ghulam Qadir, Bhanbhro
Through Mr. Ghulam Rasool Narejo
Advocate
Complainant
: Mst. Koonj W/o Irshad Ali Mallah, through
Mr. Mushtaque Ahmed Shahani,
Advocate
Respondent
: The
State
Through Mr. Shafi Muhammad Mahar, DPG for the
State
Dated
of hearing: 23.09.2021
Date of
order : 23.09.2021
O R
D E R
AMJAD ALI SAHITO, J – Through
instant bail application, the applicant/accused seeks pre-arrest bail in Crime
No.69 of 2021 registered at Police Station Soorah,
District Khairpur for an offence punishable under
Sections 376 and 511 PPC. The bail plea of the applicant/accused has been
declined by learned Additional Sessions Judge-IV, Khairpur
vide order dated 11.08.2021.
2. The details
and particulars of the FIR are already available in the bail application and
FIR, therefore same could be gathered from the copy of FIR attached with such
application, hence need not to reproduce the same hereunder.
3. It is
contended by learned counsel for the applicant/accused that he is innocent and
has falsely been implicated in this case by the complainant; that there is no
such marks of violence seen on the body of the girl Irshad
Khatoon; that there is simply allegation against the
applicant/accused that he only attempted to commit zina
upon the victim girl; that at the time of incident the applicant/accused was
empty handed, if he would have any intention then he must have come with full
preparation; that there is 16 hours delay in lodgment of the FIR, for which no
such plausible explanation has been furnished by the complainant; that all the
PW are sister and brother-in-law of the complainant, hence they are interested
and setup witnesses; that the version of the interested witnesses cannot be
believed as trustworthy and confidence inspiring; that challan
of the case has been submitted by the police and the applicant/accused is no
more required for further enquiry; that in the circumstances, the case against
the applicant/accused calls for further inquiry as envisaged under Sub-Section
(2) of Section 497 Cr.P.C.
4. Learned
counsel appearing for the complainant and Deputy PG for the State along with
complainant Mst. Koonj vehemently
opposed for grant of pre-arrest bail to the applicant/accused and prayed for
dismissal of the instant bail application.
5. I have
heard the learned counsel for the applicant/accused, learned counsel for the
complainant and Deputy PG for the State and perused the record. As per version
of the complainant as set-out in the FIR that on the day of incident she along
with her sister Mst. Hajul Khatoon and brother-in-law Hassan Nawaz were at Nara Canal
while her daughter baby Irsahd aged about 09 years
was at home, all of a sudden she heard the cries of her daughter, as such she
along with her witnesses Mst. Hajul
Khatoon and brother-in-law Hassan Nawaz rushed to the
house, where they saw and identified the present applicant/accused namely Asad Ali Bhanbhro, was attempting
to commit forcible zina with baby Irshad.
The statement of victim girl Irshad has been recorded
u/s 161 Cr.P.C in which she has supported the version
of the complainant. Prima-facie, sufficient material is available on record to
connect the applicant/accused in the commission of the alleged offence. The
offence with which the applicant/accused has been charged is against the
society, therefore, in such circumstances, the applicant/accused has not been
able to make-out a case for grant of extra-ordinary concession of pre-arrest bail.
Consequently, the instant bail application being devoid of merits is dismissed.
6. The
observations made hereinabove are tentative in nature and will not prejudice
the case of either party at the trial.
Judge
ARBROHI