ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 838 of 2023

( Altaf Hussain vs. The State)

Date Order with signature of Judges

For hearing of bail application

08.06.2023

Mr. Ashfaq Ahmed Shah advocate for the applicant

Mr. Talib Ali Memon Assistant P.G for the State

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It is alleged that the applicant with rest of the culprits subjected P.W Naseer Ahmed to carnal intercourse, for that the present case was registered. The applicant on having been refused bail by learned V-Additional Sessions Judge, Malir Karachi, has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party; the FIR of the incident has been lodged with delay of about 02 days and DNA report is excluding the applicant from commission of incident, therefore, he is entitled to be released on bail on point of further inquiry. In support of his contentions, he relied upon case of Sohail Akhtar vs. The State through P.G Punjab and another (2022 SCMR 1447).

None has come forward to advance arguments on behalf of the complainant. However, learned Asstt. P.G for the state has opposed to release of the applicant on bail by contending that he has committed the offence which is affecting the society at large.

Heard arguments and perused the record.

The complainant is not an eye witness to the incident. He has lodged FIR of the incident on narration made to him by P.W/victim Naseer Ahmed, that too with delay of about 02 days, such delay having not been explained plausibly could not be overlooked. As per DNA report the applicant can be excluded as a possible contributor to the mixed DNA sample, such report could not be lost sight of. The case has finally been challaned and there is no apprehension of tampering of the evidence on the part of the applicant, who is said to be in custody since 09 months without effective progress in trial of his case. In these circumstances, a case for release of the applicant on bail on point of further inquiry is obviously made out.

In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court. 

The instant bail application is disposed of accordingly. 

JUDGE