ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-315 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

20.10.2021

                        Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

Mr. Idress Ahmed Mangi, Advocate for the complainant.

Mr. Abdul Ghaffar, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant committed rape with baby Murk, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/MCTC Larkana, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR of the incident has been lodged with delay of about three days; the medical and DNA reports are not supporting the allegation of rape with baby Murk, therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Additional Prosecutor General for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicant by contending that he has committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about three days and such delay having not been explained plausibly could not be overlooked, as it is reflecting deliberation and consultation. The medical and DNA reports are not supporting the allegation of rape with baby Murk. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant application is disposed of accordingly.     

                                                                                         J U D G E