IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.989 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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14.05.2025
Mr.
Ali Ahmed Chandio, advocate for applicant
Ms.
Seema Zaidi, Additional
Prosecutor General Sindh
PI
Syeda Ghazala & SIP Shabbir Awan of PS Jackson
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Applicant/accused
Ramzan Mutaqi son of Malikuddin seeks post-arrest bail in FIR No.310/2024,
registered at P.S. Jackson for offence under sections 376, 511, PPC, after
rejection of his bail plea by learned Additional Sessions Judge-X, Karachi West
vide order dated 07.03.2025.
2. Briefly
the facts of the case are that complainant Sidra wife of applicant lodged
aforesaid FIR alleging therein that on 12.08.2024 at 03:00 she woke up and saw
that her husband was not on bed, she heard cries of her daughter Raida, she rushed there and saw that her husband was nude,
he has thrown the shirt of his daughter and was trying to remove her shalwar in order to commit Zina with her. She rescued her
daughter, to which applicant beaten her and after locking them in house,
escaped away. She further stated that her son Rahil
is witness to the entire incident. Hence the subject FIR.
3. Learned
counsel for applicant submits that there is delay of one month and six days in
lodging of FIR without any plausible explanation and it is alleged that
allegations against the applicant calls for further inquiry in terms of section
497(2), Cr.PC on the ground that complainant as well
as victim of this case have recorded no objection for grant of bail to the
applicant/accused.
4. On the
other Additional Prosecutor General Sindh recorded her objection on the ground
that the alleged offence is not compoundable and affidavit sworn by complainant
as well as alleged victim of this case carries no weight; that this is a
heinous offence, therefore, applicant/accused is not entitled for grant of bail.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
6. From
tentative assessment of material available on record it appears that this is a
heinous offence whereby a father, the present applicant, had attempted to
commit Zina
with his own daughter and FIR was lodged by mother of alleged victim. I do not
see any mala fide on the part of
complainant and alleged victim to falsely implicate the applicant, who is
husband of complainant and father of alleged victim. So far as the contention
of learned counsel for applicant that complainant and alleged victim have sworn
affidavit of no objection for grant of bail to the applicant is concerned,
since the alleged offence is not compoundable as such the affidavit of no
objection carries no weight in the eyes of law. Sufficient material is
available on record to connect the applicant with the commission of alleged
offence, which falls within the ambit of prohibitory clause of Section 497, Cr.PC. Therefore, instant criminal bail application is dismissed and post-arrest bail to the applicant is declined. However, learned trial Court is directed to conclude the
trial preferably within a period of three months.
J U D G E
Gulsher/PS