ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 617 of 2022.

Date of hearing

Order with signature of Judge

17.03.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Muhammad Ashique Dhamraho, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J: Through this application, applicant Amjad Ali son of Ubedullah Siyal has sought for his admission to pre-arrest bail in Crime No.144/2022, registered at Police Station Hyderi (District Larkana), for offences punishable under Section 377 & 511 P.P.C.

            The allegation against applicant/ accused as per F.I.R lodged by complainant Ali Haider Samo is that on 25.11.2022, he attempted to commit “sodomy” with son of the complainant, namely, Hamza Haider, aged seven years.

            Learned counsel for the applicant mainly contended that, the applicant has been implicated in this case due to previous grudge, ill-will and enmity between the parties; that F.I.R is delayed for six days for which no plausible explanation has been furnished and that this is case of only attempt. Lastly, learned counsel prayed for confirmation of interim pre arrest bail in favor of applicant.

            Pursuant to notice, the complainant has put his appearance and extends no objection to confirmation of interim pre arrest bail to applicant. However, learned D.P.G appearing for the State opposed the grant of bail.

            It appears that the there is delay of about six days in registration of the F.I.R, which has not been explained. The case of prosecution itself is that of only attempt. In these circumstances, the question, whether the applicant/ accused attempted to commit “sodomy” with victim boy or not, is a question, which would be determined by the learned trial Court after recording evidence at trial. Moreover, complainant has extended no objection to confirmation of bail to applicant. The applicant has already joined the trial and regularly attending the trial Court.

           In view of above, the applicant has been able to make out case for confirmation of interim pre arrest bail in his favor. Accordingly, interim pre arrest bail already granted to applicant is confirmed on same terms and conditions.

                                                              Judge

Ansari