IN THE HIGH COURT OF SINDH,

CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 695 of 2023.

Applicants:                  Mujeeb alias Mujahid Hussain and 2. Jameel, through            Mr. Dildar Ali Chandio, Advocate.

Respondent:                The State, Mr. Ali Anwar Kandhro, Additional Prosecutor General.

Date of hearing:         29.02.2024.

Date of order:             29.02.2024.

ORDER

Muhammad Saleem Jessar, J-.   Applicants Mujeeb alias Mujahid Hussain and Jameel both sons of Umed Ali Beehan have sought for their admission to pre-arrest bail in Crime No.23 of 2023, registered at P.S  Airport, for offences punishable under Sections 376, 506 (2), 511 and 34 P.P.C.

            2.         It is case of prosecution that, on 01.11.2023 at 7.00 p.m. the applicants/ accused attempted to commit rape with Mst. Koyal, the daughter of complainant Shaman Ali; however they could not succeed in their attempt due to timely intervention of witnesses on spot.

            3.         At very outset, learned counsel for the applicants contends that complainant and the alleged victim Mst. Koyal have filed their affidavits exonerating the applicants from commission of alleged offence and extending no objection to grant of pre arrest bail to the applicants. Therefore, per learned counsel the case has become of two versions and which of the version of complainant and victim is correct, it would be determined at the time of trial.

            4.         Complainant Shaman Ali and victim Koyal have put their appearance before this Court and state that they have no objection to confirmation of pre-arrest bail in favor of the applicants. Complainant has already filed such affidavit, whereas victim Koyal files her affidavit today. Learned D.P.G. in view of no objection affidavit filed by complainant and victim concedes to grant of application.

            5.         Accordingly, in view of foregoing, instant bail application stands allowed.  Consequently, interim pre arrest bail already granted to applicants vide Order dated 22.11.2023, is hereby confirmed on same terms and conditions.

                                                       Judge

Ansari