ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 739 of 2023

(Meer Balaj versus The State)

Date Order with signature of Judges

For hearing of bail application

15.06.2023

Mr. Jameel Ahmed G. Korai, advocate for the applicant

Ms. Rubina Qadir, D.P.G.

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It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed murder of Shakir Hussain, a boy aged about 08 years, after subjecting him to carnal intercourse, for that the present case was registered. On refusal of bail by learned Ist Additional Sessions Judge/MCTC, Malir Karachi, the applicant has sought for the same from this Court by way of instant bail application under section 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 police at the instance of the complainant party; the FIR of the incident has been lodged with delay of about 01 day and the applicant is juvenile offender. By contending so, he sought for release of the applicant on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. However, learned DPG for the state has sought for dismissal of the instant bail application by contending that the applicant is fully implicated in commission of the offence; DNA report is positive and offence is heinous one.

Heard arguments and perused the record.

The applicant is named in FIR with allegation that he was found over the dead body of the deceased, when he was done to death by causing him injuries with some sharp cutting weapon on his throat; he was apprehended at the spot by the complainant party and DNA report prima facie suggests his involvement in the commission of the incident. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. The delay in lodgment of the FIR was natural in case like the present one, same even otherwise, could not be resolved by this Court at this stage. The offence in face of it is appearing to be heinous in nature and is affecting the society at large, therefore, the applicant could not be released on bail on point of age alone. 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 is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to expedite the disposal of very case against the applicant and make its disposal preferably within three months after receipt of copy of this order.

Needless to state that the observations recorded above are tentative in nature, therefore, the same may not prejudice the case of either of the party at trial.

J U D G E