IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1060 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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22.05.2025
Mr.
Ghazi Khan, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
SIP Jafoor
Khan of PS Saeedabad
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Applicant/accused
Bismillah son of Mir Zada seeks
pre-arrest bail in FIR No.102/2025, registered at P.S. Saeedabad,
Karachi for offence under section 377, 511, PPC, after rejection of his bail
plea by learned Additional Sessions Judge-X, Karachi West vide order dated 29.03.2025.
2. Facts
involved in the instant case are that applicant is arraigned as accused on the
allegation that on 23.02.2025 at about 08:45 p.m. present applicant grabbed Riaz’s hand, aged about 12 years, while he was returning
after purchasing bread, gave him Rs.500/-, to accompany him outside Naval and
don’t make any noise. Complainant saw that his son Riaz
was trying to get him free but applicant would not let him go. When applicant
saw complainant, he released his son and escape away. His son informed him that
prior to this Bismillah tried to grab him twice and
offered him money but he managed to escape. Hence the subject
FIR.
3. Learned
counsel for applicant submits that allegation against the applicant is only
attempt to commit sodomy but there is no medical evidence. Even otherwise,
ingredients of Section 377, PPC are not attracted in this case,
therefore, his case requires further inquiry in terms of section 497(2), Cr.PC.
3. Learned
Additional Prosecutor General Sindh opposed for grant of bail on the ground
that applicant is nominated in the FIR, however, she admits that only attempt
to commit sodomy is attributed to him.
4. Heard
learned counsel for applicant, Additional Prosecutor General Sindh and perused
the material available on record.
5. From
tentative assessment of material available on record it appears that only
allegation against applicant is that he grabbed hand of alleged victim in order
to take him to commit sodomy. This set of evidence call for further inquiry in
terms of Section 497(2), Cr.PC, therefore, the
applicant is admitted to post arrest bail subject to furnishing solvent
surety in the sum of Rs.100,000/- (Rupees one hundred thousand) and P.R.
bond in the like amount to the satisfaction of the trial Court.
6. Needless
to mention here that observations made herein above are tentative in nature and
would not prejudice the case of either party at trial.
J U D G E
Gulsher/PS