IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-476 of 2018

Applicant               :                Ghulam Mustafa s/o Karimdad Kosh Through Mr. Peerano Khan Jatoi, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G

Complainant Mst.Ameeran Khatoon in person

.

Date of hearing   :                  13.12.2018

Date of order      :                  13.12.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, had been committing rape with complainant Mst.Ameeran Khatoon, by resorting to blackmailing, thereby she became pregnant and then aborted by way of medical aid, for that the present case was registered.

2.                On having been involved in the instant case, the applicant sought for pre-arrest bail, it was declined to him by learned 6^th Additional Sessions Judge, Larkana, he then sought for the same from this Court by way of instant application u/s.498 Cr.PC.

3.                It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant, which is the lady of easy virtue, there is delay of about eight months in lodgment of the FIR, there is no independent witness to the incident and co-accused Gul Muhammad has already been admitted to bail. By contending so, he sought for pre-arrest bail for the applicant, as according to him he is apprehending unjustified arrest at the hands of police.

4.                Learned A.P.G for the State who is assisted by the complainant in person has opposed to grant of bail to the applicant by contending that the applicant kept the innocent under false hopes to marry her. 

5.                I have considered the above arguments and perused the record.

6.                There is delay of about eight months in lodgment of the FIR; same could not be lost sight of, as it is reflecting consultation. No mark of violence was found on person of the victim on her medical examination. If for the sake of arguments, it is believed that the victim became pregnant during course of alleged incident and then aborted through medical aid, then the police was under lawful obligation to have recorded the statements of the persons who helped the victim to abort. It has not been done by the police for no obvious reason, which appears to be significant. There is no independent witness to the incident. Co-accused Gul Muhammad has already been admitted to bail. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail.

7.                In view of above, the interim pre-arrest bail which is already granted to the applicant is confirmed on same terms and conditions.

8.                The instant criminal bail application stands disposed of accordingly.

                                                                                          JUDGE