IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

            Crl. Bail. Appln. No.S-766 of 2025                       

       

                   

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

1.    For orders on O/objection at flag-A.

2.    For hearing of pre-arrest bail.

         

 

22.10.2025

 

Mr. Ali Hassan Narejo, Advocate for applicant alongwith applicant.

 

Mr. Mansoor Ahmed Shaikh, Deputy Prosecutor General for the State.

 

                                            ************

 

 

 

                                                O R D E R

 

         

 

          This bail before arrest application is called upon in respect of the  applicant Zaheer Ahmed against whom FIR bearing Crime No.62 of 2025 police Station, Khuhra u/s 376/511, 506/2, 354-A PPC lodged wherein the applicant has been alleged to have made an attempt of rape and during this attempt clothes of victim/complainant have been torn.

 

          Learned counsel for the applicant contended that unexplained two days delay is present, no medical evidence is available, no independent witnesses are cited in the matter. No marks of violence, and only attempt is alleged. He further contends that the parties are close relatives and have settled the matter between them. It is also contended that the applicant does not have any adverse record.

 

          Learned Deputy Prosecutor General however, opposes the bail on the ground that the applicant has been nominated in the FIR and she has produced the torn clothes before the I.O. having the matter Section 354-A PPC which brings the offence outside the prohibitory clause and as such bail may not be provided to the applicant.

On the earlier date the complainant had appeared before this Court and stated that matter stood patched-up between the parties. Although the offence alleged in the matter is severe enough and the allegations otherwise alongwith the grounds available therein may not provide much ground for the applicant to be granted bail as the parties have patched-up which has come on record. It is preferred that the bail be granted as the required Sections are basically provided for protection of the victim herself and she is primarily to decide about the proceedings in this respect. Accordingly, the bail application is allowed and the order dated 27.08.2025 is hereby confirmed on same terms and conditions.

 

 

         

          Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

 

Bail application stands disposed of in the above terms.

 

                                                                                         J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan/PS.