ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-128 of 2021

Date	Order with signature of Judge

1. For orders on office objection at flag `A`

2. For hearing of bail application

Dated of hearing: 15.03.2021

Mr. Faiz Muhammad Brohi, Advocate for the applicant/accused

Mr. Sikander Ali Junejo, Advocate for complainant

Syed Sardar Ali Shah Rizvi, DPG

12-09-2014

O R D E R

Nazar Akbar,J: Through instant bail application, applicant/accused Usama Abbasi seeks post-arrest bail, in Crime No.145/2020, registered at Police Station SIRS, Sukkur, under sections 376, 511, 506/2, PPC. His bail plea was declined by learned Additional Sessions Judge-II, Sukkur vide order dated 03.02.2021. His earlier bail application No.S-100/2021 filed before this court was dismissed for non-prosecution vide order dated17.02.2021.

2. The allegations against the applicants/accused is that he attempted to forcibly take away the complainant’s daughter Khadija aged about seven years from street to his house. On her cries, complainant reached in the street where kids informed him that accused Usma was taking away her daughter to his house. Complainant then went to the house of accused where he saw that accused Usama was pulling off trouser of minor girl with intention to commit rape. On seeing the complainant the accused escaped away.

3. Learned counsel for the applicant/accused has mainly contended that accused at the time of alleged offence was juvenile as according to his primary school leaving certificate his age is about 16 years; that there is delay of six days in lodging of FIR, which has not been plausibly explained; I.O found the case as false and fabricated and recommended its disposal under B-class; that the offence does not fall within prohibitory clause of section 497 Cr.P.C; that accused is behind the bars since four months. Learned counsel for the applicant in support of his contentions relied on the case law reported as 2010 YLR 1960 and 1996 SCMR 1087.

4. Learned D.P.G conceded for grant of bail. However, learned counsel for the complainant opposed the bail plea contending that the applicant/accused is involved in a heinous offence which is against the society. He in support of his contention relied on the case law reported on the case law reported s 2021YLR 402.

5. I have given due consideration to the submissions made by learned counsel for the respective parties and perused the record.

6. The copy of Primary school leaving certificate of the applicant annexed with the bail application shows his date of birth as 01.01.2005, meaning thereby that at the time of alleged incident he was about 16 years Section 10(7) (c) of the Juvenile Justice System Ordinance, 2000 provides that notwithstanding anything contained in the Criminal Procedure Code that accused is to be enlarged on bail if he is a child and has been behind bars for more than four months( except for the exceptions provided therein) In this regard I am fortified with the case of Zahir Hyder v. The State (2010 YLR 1960 wherein the applicant was admitted to bail in similar circumstances relying on the case of Ghulam Qasim and others v The State (1996 SCMR 1087) wherein hon’ble Supreme Court age according to school leaving certificate was relied upon. Learned counsel as well as DPG stated that the applicant is confined in Juvenile jail which also supports the case of applicant that he is a juvenile. The case law relied on by the learned counsel for the complainant is distinguish to the case of present applicant as in that case the accused was adult while in the present case the applicant is a juvenile. The applicant has successfully made out a case for post-arrest bail. Therefore, the applicant/accused is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.100,000/- (rupees one hundred thousand) each and PR bond in the like amount to the satisfaction of the trial court.

7. Needless to state that observations made here-in-above are tentative in nature and will not cause prejudice to the case of either party at the time of final decision of subject sessions case.

JUDGE

Suleman Khan/PA