ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Bail Application No.360 of 2022

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

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06.07.2022

Syed Yousuf Mehdi Zaidi, advocate for applicant Gul Hasan

Ms. Seema Zaidi, Addl: Prosecutor General Sindh a/w SIP Aamir

Complainant Asif Hussain in person

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Irshad Ali Shah J.— It is alleged that the applicant with one more culprit committed rape with Mst. Mahak, girl aged about 16 years, for that the present case was registered. On having been refused post-arrest bail by learned V Additional Sessions Judge Malir, Karachi, the applicant has sought for the same from this Court by way of instant criminal bail application under section 497 Cr. PC.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR of the incident was lodged with delay of about one day; DNA report is not implicating the applicant in commission of the incident and he is in custody for more than two years, therefore, he is entitled to be released on bail on point of further inquiry.

Learned Additional Prosecutor General for the State, who is assisted by the complainant, has opposed to release of the applicant on bail by contending that he has subjected an innocent girl to rape.

Heard argument. Perused record.

The FIR of the incident was lodged with delay of about one day. On investigation, the applicant and co-accused Muhammad Sajid were apprehended and were subjected to DNA test. DNA report obviously is not implicating the applicant in the commission of the incident, who even otherwise is said to be in custody for about two years. In these circumstances, a case for release of the applicant on bail on the point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail, subject to his furnishing surety in sum of Rs.50,000/- and P. R. Bond in the like amount to the satisfaction of the trial court.

The instant bail application is disposed of accordingly.

J U D G E

Gulsher/PS