ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

   Cr.B.A.No. S -  687 of 2020.

           

 

For hearing of bail application.

 

Date of Hearing  18h  February, 2021.

            Mr.Nisar Ahmed Bhanbhro Advocate for applicant.

            Mr.Shafi Muhammad Bango Advocate for complainant.

            Mr.Shafi Muhammad Mahar DPG.

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      Through this application,    Applicant Muhammad Ibrahim Kalhoro seeks Post Arrest Bail in respect of Crime No. 14/2020 for offence u/s 376(ii), PPC registered at Police Station, Mahmood Channa.

2.        According to contents of F.I.R lodged by complainant Himat Ali, the allegation against the present applicant is that he alongwith other accused duly armed with TT Pistols on the force of weapons took Tasleem, who is the niece of complainant and committed Zina with her; hence the F.I.R was lodged.

3.        Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the case due to malafide. He further contended that there is a delay of more than 07 months in lodgment of F.I.R, which has not been properly explained and that the DNA  test of the alleged victim has been received in negative, which does not support the contents of F.I.R. In support of above contention, he relied upon the case of  Haibat Khan v The State and others (2016 SCMR 2176) and Muhammad Tanvir v The State and others (2017 SCMR 366).

4.        Learned DPG appearing on behalf of the State has not opposed the bail application in view of the case law cited above.

5.        I have heard the arguments and gone through the material available on record.

6.        Admittedly, there is a delay of more than 07 months in lodging of F.I.R for which no plausible explanation has been furnished. Besides this DNA test of the alleged victim has been received in negative. and tPhe case law referred to above fully supports the case of the applicant, therefore learned DPG has rightly extended his no objection for the grant of bail. Consequently, I allow this bail application and grant bail to the applicant. Applicant Muhammad Ibrahim Kalhoro shall be released on bail subject to his furnishing surety in the sum of Rs.200,000/- (Rs.Two lac) and P.R Bond in the like amount to the satisfaction of trial Court.

                                                                                                               JUDGE

 

 

 

 

 

Akber.