IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.156 of
2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection as at
“A”
2.
For orders on M.A. No.948/2025
3. For
hearing of bail application
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26.02.2025
Mr. Muhammad Yaseen, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
PI Masroor Ahmed of PS Awami Colony
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Amir son
of Muhammad Rauf seeks post arrest bail in FIR No.391/2023, registered at P.S. Awami
Colony, Karachi for offence under sections 376, 443, 34, PPC, after rejection
of bail plea by learned trial Court vide order dated 17.07.2023.
2. Brief
facts of the case are that after having divorced by Hamza, complainant was
handed over to applicant Amir, who promised to marry her and kept her in the
house of his friend Hanif in “I” Area Korangi; that Amir, Hanif and other
person committed Zina with her, in result whereof she became pregnant; on
10.0.2023 a baby girl was born to her, who was named Jannat. As applicant Amir
failed to perform Nikah with complainant and used to commit Zina with her along
with his friends, hence the subject FIR.
3. Learned
counsel for applicant mainly contended that there are false allegations against
the applicant/accused and DNA report of baby Jannat did not match with
applicant Amir and medical report issued by M.L.O., JMPC, Karachi, excluded
Applicant Amir as biological father of baby Jannat, hence he prayed for grant
of post arrest bail to the applicant/accused.
4. Learned
Addl: Prosecutor General Sindh opposed for grant of bail to the
applicant/accused on the ground that per medical certificate, report is
positive, however, she admits that DNA report is negative. IO present in Court
submits that victim/complainant is not traceable as she has left the premises
and shifted to some unknown place.
5. Heard
learned counsel for applicant/accused as well as Additional Prosecutor General
Sindh and perused the material available on record.
6. It
is the case of prosecution that alleged victim Saima was already married and
her husband refused to keep her with him, thereafter, she resided in a rented
house, where applicant Amir and his fried Hanif kept her as keep and committed
Zina, resultantly, a baby girl was born to complainant, who was named Jannat.
During investigation, samples of baby Jannat were sent along with samples of
applicant/accused Amir and per DNA report samples did not match with applicant.
She was already a married woman and mother of two children, therefore, medical
report may be considered at trial. It has also come on record that alleged
victim/complainant has shifted to some unknown place and not traceable, therefore,
no one can be kept in incarceration for an indefinite period and the case is
pending before learned trial Court without any progress in the charge. In
presence of negative DNA report, case of applicant requires further inquiry in
terms of Section 497(2), Cr.PC. Applicant Amir son of Muhammad Rauf is admitted
to bail, subject to furnishing solvent surety in the sum of Rs.200,000/- (Rupees two hundred thousand) and P.R.
bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
8. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS