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