ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 540 of 2023

(Muhammad Rashid @ Imran vs. The State)

Date Order with signature of Judges

For hearing of bail application

08.06.2023

Mr. Qaim Ali Memon advocate for the applicant

Mr. Talib Ali Memon, Assistant Prosecutor General Sindh

-.-.-.-.-.-.-.-.-.

It is the case of the prosecution that the applicant enticed away Mst. Shazia, his sister in law and then subjected her to rape, for that the present case was registered. On having been refused bail by learned II-Additional Sessions Judge, Karachi Central, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy with him her matrimonial dispute. The FIR of the incident has been lodged with delay of about 21 days and case has finally been challaned, therefore, the applicant is entitled to be released on bail on point of further inquiry.

Learned Asstt. P.G for the state, who is assisted by the complainant Mst. Farzana and P.W/victim Mst. Shazia has opposed to release of the applicant on bail by contending that he has committed the offence which is affecting the society at large.

Heard arguments and perused the record.

The name of the applicant is appearing in the FIR with allegation that he enticed away Mst. Shazia with intention to subject her to rape, subsequently she was subjected to rape and such fact takes takes support from the medical examination. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy with him her matrimonial dispute. Nothing has been brought on record by the applicant which may suggest matrimonial dispute between him and the complainant party. No doubt the FIR of the incident has been lodged with delay of about 21 days, but such delay being natural in case like present one could not be resolved in favour of the applicant by this Court at this stage. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for release of the applicant on bail on point of further inquiry is made out. Consequently, the instant bail application is dismissed.

JUDGE