IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.735 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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14.05.2025
Mr.
Babar Hussain, advocate for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
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Applicant/accused
Farhan Zaman son of Haider Zaman seeks post-arrest
bail in FIR No.14/2025, registered at P.S. Zaman Town
for offence under sections 366-A, 354, 34, PPC, after rejection of his bail
plea by learned Additional Sessions Judge-VII, Karachi East vide order dated 05.03.2025.
2. Briefly,
facts of the case are that on 26.12.2024 while daughter of complainant, namely,
Fatima aged about 15 years, was going to purchase some articles from market,
two persons forcibly took her to some house in Sector-F, Bhitai
colony, in order to commit Zina, where they both
removed her shirt and started doing unethical and immoral acts, due to which
she started hue and cry, in result whereof both accused escaped away, then she
returned home and informed about the incident. Complainant was in search of
accused persons. On 03.01.2025, complainant’s daughter identified the present accused , who was apprehended by complainant with the help
of his son Muhammad Nadeem, who disclosed his name as
Farhan Hyder son of Hyder Zaman and name of his
companion as Sharjeel son of Basheer
Ahmed. He was brought to police station where aforesaid FIR was lodged under
the above referred sections.
3. Learned
counsel for applicant submits that the alleged offence pertains to attempt to
commit zina but no such incident has taken place. He
placed on record statements under section 161, Cr.PC
recorded by IO and 164, Cr.PC recorded by learned
Magistrate, which taken on record. He pointed out contractions in the facts
mentioned in FIR and aforesaid statements. He further submits that alleged
offence requires further inquiry in terms of section 497(2), Cr.PC. He further submits that applicant/accused is in
custody since 04.01.2025.
4. On the
last date of hearing, Mr. Abbas Ali Abbasi, advocate,
effected appearance, filed Vakalatnama on behalf of complainant and sought time
for preparation. This is date by Court but neither the complainant nor his
counsel is in attendance, which shows that they are reluctant to pursue their
case and to appear before this Court.
5. Learned
Additional Prosecutor General Sindh recorded her objection on the ground that applicant/accused
is nominated in FIR and sufficient material has been collected by IO to connect
him in the commission of alleged offence.
6. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
7. From
tentative assessment of material available on record it appears that this is an
offence of attempt to commit Zina with alleged
victim; that FIR has been lodged with a delay of 10 days, without any plausible
explanation. Learned counsel for applicant has pointed out major contradictions
in the facts mentioned in FIR, 161, Cr.PC statement
of complainant and 164, Cr.PC statement of alleged
victim, which shows that case of applicant requires further inquiry in terms of
Section 497(2), Cr.PC. Therefore, instant criminal
bail application is allowed and the post-arrest bail is granted to the applicant, subject to
his furnishing solvent surety in the sum of Rs.100,000/- and P.R. Bond in the like
amount to the satisfaction of the trial Court.
8. Needless
to mention here that the observations mentioned herein above are tentative in
nature, the same would not prejudice the case of either party at trial.
J U D G E
Gulsher/PS