IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-400 of 2018

Applicants               :              1). Gulsher s/o Waryam Khan Jatoi

2). Imran @ Imdad s/o Waryam Khan Jatoi

Through Mr.Ahsan Ahmed Qureshi , Advocate

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

Complainant Mst.Akbar Khatoon in person

Date of hearing   :                  02.11.2018          

Date of order      :                  02.11.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, by committing trespass into house of complainant Mst.Akbar Khatoon committed rape with her daughter Mst.Shaheena, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 5^th Additional Sessions Judge, Larkana, the applicants have sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

3.                It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police; there is delay of more than one month in lodgment of the FIR and more-so complainant Mst.Akbar Khatoon and PW/victim Mst.Shaheena by filing their affidavits before learned trial Court have already raised no objection to grant of bail to the applicants. By contending so, he sought for release of the applicants on bail on points of further enquiry.

4.                Learned A.P.G for the State and complainant in person recorded no objection to grant of bail to the applicant.

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

6.                Admittedly, there is delay of more than one month in lodgment of the FIR. Complainant Mst.Akbar Khatoon and Pw/victim Mst.Shaheena by filing their affidavits have raised no objection to grant of bail to the applicants by stating therein that they have not implicated the applicants before the police. If it is so, then the case of the applicants obviously is calling for further enquiry. In that situation, it is rightly being contended by learned counsel for the applicants that they are entitled to be released on bail.

7.                In view of facts and reasons discussed above, the applicants are admitted to bail subject to furnishing surety in the sum of Rs.100,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant application is disposed of accordingly.

                                                                            J U D G E

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