ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-108 of 2023

(Sajjad Hussain Vs. The State).

 

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

17.04.2023.

 

Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention abducted complainant Mst.Sabira and then subjected her to rape, for that the present case was registered.

 

2.        On having refusal of bail by learned 1st Additional Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

 

3.        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 has been lodged with delay of about three days and no active role in commission of the incident is attributed to the applicant; therefore, he is entitled to be released on bail on point of further inquiry,

 

4.        None has come forward to advance arguments on behalf of the complainant. However, learned D.P.G for the State has opposed to release of the applicant on bail by contending that the offence which he has committed is affecting the society at large.

 

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of about three days; such delay having not been explained plausibly could not be overlooked; the allegation of rape is made against co-accused Gulzar Kharani; the applicant has been involved in commission of the incident on the basis of allegation that he helped co-accused Gulzar Kharani and others to abduct the complainant; such allegation could only be determined at trial. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

 

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

 

8.        The instant bail application is disposed of accordingly.

                                                                                                         JUDGE