ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail Appl No.S-784/2017
Date |
Order with signature of Judge |
Before:
Mr.
Justice Amjad Ali Sahito.
Applicant: Samar Hussain (shown in FIR as Samar Abbas)
S/o
Nazar Hussain, by caste, Halepoto,
Adult, Muslim
Resident
of Village Tando Shah, Taluka
Kotdiji,
District
Khairpur.
Manzoor Hussain
Halepoto, Advocate for applicant.
Respondent: State through Mr. Afzal Hussain Talpur, DPG.
Date of hearing: 17.09.2018.
Date of Decision: 17.09.2018.
O R D E R
*****************
AMJAD
ALI SAHITO,J. Through
instant bail application, applicant Samar Hussain seeks pre-arrest bail in
crime No. 122/2017, offence punishable u/s: 377, 34 PPC, registered at Police
station Kotdiji. Earlier, his pre-arrest bail
application was declined by learned Additional Sessions Judge-I Khairpur vide
order dated: 10.11.2017.
2. Precisely, prosecution
case is that on 21.09.2017 complainant along with his uncle Rabnawaz,
cousin Rajib Ali left from
their house and went towards their land for work. It was about 12:30 pm, when they
reached at the cotton crop, they heard some cries of persons from cotton crop,
they wnet towards the pointed place, where they saw
accused Munawar and Abdul Latif
while catching hold his brother Muhammad Abbas and
applicant Samar committing sodomy/unnatural
offence with Muhammad Abbas, to whom, they gave hakals, on which, all three accused persons, while leaving
behind his brother Muhammad Abbas fled away towards
eastern side, Thereafter complainant party brought Muhammad Abbas
to police station Kotdiji, wherefrom they obtained
letter for treatment and then brought him at Taluka
Hospital Kotdiji. After treatment of his brother,
complainant filed an application before Sessions Judge Khairpur for directions
to the SHO PS Kotdiji to lodge FIR of the complainant
and after obtaining such order dated: 11.10.2017, complainant appeared at
policed station and lodged FIR on 12.10.2017 at 1800 hours.
3. Learned counsel for the applicant
contends that applicant is innocent and falsely been involved in this case due
to enmity over the street; that story of the FIR is concocted and fabricated;
that there is unexplained delay of about 21 days in lodgment of the FIR; that
father of applicant/accused Munawar namely Manzoor Ali had registered FIR bearing crime No. 109/2017
for offence punishable u/s: 324, 337-H-2, 34 PPC at police Kotdiji
against the relative of complainant namely Farhan and
Maqbool Soomro and due to
such annoyance, present FIR has been lodged, that no offence as alleged in the
FIR has taken place, but complainant has lodged false FIR. Lastly he prayed for
confirmation of interim pre arrest bail already granted to the applicant.
4. On the other hand,
learned APG assisted by learned counsel for complainant vehemently opposed the
bail application and submitted that name of the applicant/accused is transpired
in the FIR with the specific role. He further submitted that applicant along
with his accomplices has committed heinous offence of committing zina with the young boy of 14/15 years old. Lastly he
prayed for dismissal of the instant bail application.
5. I
have heard learned counsels for the parties and perused the record. Admittedly,
the incident is alleged to have taken place on 21.09.2017 at 12:30 pm, while
complainant has lodged FIR on 12.10.2017 at 1800 hours on the order of learned
Sessions Judge Khairpur vide order dated: 11.10.2017, hence after incident, complainant
brought his brother at hospital for treatment and then approached to the
learned Sessions Court for seeking order, hence delay has been explained by the
complainant. Furthermore, name of applicant/accused is transpired in the FIR
with the specific role that he has committed sodomy with brother of complainant
namely Muhammad Abbas. Furthermore, chemical examiner
report has given report in positive and opined that human semen detected in one
post anal cotton swabs of glass of bottle No.2, as such, medical evidence also
support the ocular version of the complainant set-forth in the FIR. Furthermore,
PWs have supported the version of the complainant and statement
of victim Muhammad Abbas also connect the
applicant with the commission of the alleged offence. Applicant along with his
accomplices have committed heinous offence of sodomy with a young boy of
14/15 years old.
6. In view of above
discussion, I am of the view that all the above facts and circumstances connect
the applicant with the commission of the heinous offence which falls within the
prohibitory clause of section 497 Cr.PC, therefore, instant
bail application is dismissed and resultantly order dated 20.12.2017, whereby
interim pre arrest bail granted to the applicant is recalled.
7. Needless to mention
herein that the observations made herein above are tentative in nature and
would not prejudice the case of either party at trial.
JUDGE
Sajjad