ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-62 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

14.03.2022

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

                        Mr. Asadullah Brohi, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant committed unnatural offence with a boy named Noor Hassan, aged about 10/11 years, who on account of such act, it is said developed some complications and died,         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.PC.

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 party; the FIR of the incident has been lodged with delay of about nine days and the very case on investigation was recommended by the police to be cancelled under false “B” class. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he has committed the offence which is affecting society at large.

5.         Heard arguments and perused the record.

6.         The FIR of the incident has been lodged by complainant Mir Hassan with delay of about nine days and such delay having not been explained plausibly could not be overlooked. The complainant is not an eye witness of the incident. The DNA report is in negative. The cause of death of the deceased as per postmortem report was Hepatic Encephalopathy. The very case on investigation was recommended by the police to be disposed of under false “B” class. In these circumstances, the guilt of the applicant obviously is calling for further enquiry.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.200,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                                                                              JUDGE