ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr.B.A.No. 540 of 2023
(Muhammad Rashid @ Imran vs.
The State)
Date Order with signature of Judges
For
hearing of bail application
08.06.2023
Mr. Qaim Ali Memon advocate for
the applicant
Mr. Talib Ali Memon, Assistant
Prosecutor General Sindh
-.-.-.-.-.-.-.-.-.
It is the case of the
prosecution that the applicant enticed away Mst. Shazia, his sister in law and
then subjected her to rape, for that the present case was registered. On having
been refused bail by learned II-Additional Sessions Judge, Karachi Central, the
applicant 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 in order to satisfy with him her
matrimonial dispute. The FIR of the incident has been lodged with delay of about
21 days and case has finally been challaned, therefore, the applicant is
entitled to be released on bail on point of further inquiry.
Learned Asstt. P.G for the
state, who is assisted by the complainant Mst. Farzana and P.W/victim Mst.
Shazia 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 name of the applicant
is appearing in the FIR with allegation that he enticed away Mst. Shazia with
intention to subject her to rape, subsequently she was subjected to rape and
such fact takes takes support from the medical examination. In that situation, it
would be premature to say that the applicant being innocent has been involved
in this case falsely by the complainant in order to satisfy with him her
matrimonial dispute. Nothing has been brought on record by the applicant which
may suggest matrimonial dispute between him and the complainant party. No doubt
the FIR of the incident has been lodged with delay of about 21 days, but such
delay being natural in case like present one could not be resolved in favour of
the applicant by this Court at this stage. There appear reasonable grounds to
believe that the applicant is guilty of the offence with which he is charged.
No case for release of the applicant on bail on point of further inquiry is
made out. Consequently, the instant bail application is dismissed.
JUDGE