ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-721 of 2023

(Gulshan Ali Solangi Vs. The State)

For hearing of bail application.

O R D E R.

07-11-2023.

Mr. Imdad Ali Malik, advocate for the applicant.

Mr. Aftab Ahmed Shar, Additional P.G for the State.

Mr. Akhtiar Ahmed Heesbani advocate files power on behalf of complainant, taken on record.

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Irshad Ali Shah, J;- It is alleged that the applicant by making trespass into the house of complainant Sardar Dino, attempted to commit rape with his daughter Mst. Naheed, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned IVth Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant Bail Application under Section 498-A Cr.P.C.

3. Heard arguments and perused the record.

4. The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly could not be over looked. Section 376/511 PPC have been omitted by the police while submitting challan of the case; the rest of the penal sections are not falling within prohibitory clause; the case has finally been challaned; the applicant has joined the trial and there is no likelihood of his absconsion or tempering with the evidence. In these circumstances a case for grant of bail to the applicant on point of further inquiry obviously is made out.

6. In view of above, interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

7. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A