ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-45 of 2023

(Shah Nawaz Khuhro Vs. The State)

For hearing of Bail Application

13-03-2023.

Mr. Shafi Muhammad Bango, advocate for the applicant.

Mr. Abdul Rahim Jamro, advocate for the complainant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicant subjected Mst. Fatima, a girl aged about 14/15 years to rape, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned IVth Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy its matrimonial dispute with him; the FIR has been lodged with delay of about 01 month, DNA report is negative, therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

4. Learned Deputy P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he has committed the offence, which is affecting the society at large.

5. Heard arguments and perused the record.

6. The FIR has been lodged with of about one month; such delay having not been explained plausibly could not be over looked. The DNA report is not implicating the applicant in commission of the incident. The case has finally been challaned and there is no allegation of misusing of the concession of interim pre-arrest bail on the part of the applicant. In these circumstances, a case for grant of pre-arrest bail in favour of the applicant on point of further inquiry and malafide obviously is made out.

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

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A.