IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

 

Cr. Bail Appln. No. S – 508 of 2021

 

Applicant       :         Asad Ali alias Asadullah S/o Ghulam Qadir, Bhanbhro

Through Mr. Ghulam Rasool Narejo Advocate

 

Complainant :          Mst. Koonj W/o Irshad Ali Mallah, through

                              Mr. Mushtaque Ahmed  Shahani, Advocate

 

Respondent :         The State

Through Mr. Shafi Muhammad Mahar, DPG for the State

 

Dated of hearing:    23.09.2021

Date of order :        23.09.2021

 

O R D E R  

AMJAD ALI SAHITO, J – Through instant bail application, the applicant/accused seeks pre-arrest bail in Crime No.69 of 2021 registered at Police Station Soorah, District Khairpur for an offence punishable under Sections 376 and 511 PPC. The bail plea of the applicant/accused has been declined by learned Additional Sessions Judge-IV, Khairpur vide order dated 11.08.2021.

2.       The details and particulars of the FIR are already available in the bail application and FIR, therefore same could be gathered from the copy of FIR attached with such application, hence need not to reproduce the same hereunder.

3.       It is contended by learned counsel for the applicant/accused that he is innocent and has falsely been implicated in this case by the complainant; that there is no such marks of violence seen on the body of the girl Irshad Khatoon; that there is simply allegation against the applicant/accused that he only attempted to commit zina upon the victim girl; that at the time of incident the applicant/accused was empty handed, if he would have any intention then he must have come with full preparation; that there is 16 hours delay in lodgment of the FIR, for which no such plausible explanation has been furnished by the complainant; that all the PW are sister and brother-in-law of the complainant, hence they are interested and setup witnesses; that the version of the interested witnesses cannot be believed as trustworthy and confidence inspiring; that challan of the case has been submitted by the police and the applicant/accused is no more required for further enquiry; that in the circumstances, the case against the applicant/accused calls for further inquiry as envisaged under Sub-Section (2) of Section 497 Cr.P.C.

4.       Learned counsel appearing for the complainant and Deputy PG for the State along with complainant Mst. Koonj vehemently opposed for grant of pre-arrest bail to the applicant/accused and prayed for dismissal of the instant bail application.

5.       I have heard the learned counsel for the applicant/accused, learned counsel for the complainant and Deputy PG for the State and perused the record. As per version of the complainant as set-out in the FIR that on the day of incident she along with her sister Mst. Hajul Khatoon and brother-in-law Hassan Nawaz were at Nara Canal while her daughter baby Irsahd aged about 09 years was at home, all of a sudden she heard the cries of her daughter, as such she along with her witnesses Mst. Hajul Khatoon and brother-in-law Hassan Nawaz rushed to the house, where they saw and identified the present applicant/accused namely Asad Ali Bhanbhro, was attempting to commit forcible zina with baby Irshad. The statement of victim girl Irshad has been recorded u/s 161 Cr.P.C in which she has supported the version of the complainant. Prima-facie, sufficient material is available on record to connect the applicant/accused in the commission of the alleged offence. The offence with which the applicant/accused has been charged is against the society, therefore, in such circumstances, the applicant/accused has not been able to make-out a case for grant of extra-ordinary concession of pre-arrest bail. Consequently, the instant bail application being devoid of merits is dismissed.

6.       The observations made hereinabove are tentative in nature and will not prejudice the case of either party at the trial.

 Judge

ARBROHI