ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1036 of 2023

(Muhammad Hanif Karo versus The State)

Date Order with signature of Judges

For hearing of bail application

21.06.2023

Mr. Shamsul Hadi advocate for the applicant

Ms. Rubina Qadir DPG for the State

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It is alleged that the applicant subjected baby Fatima a girl aged about 06 years to rape, for that the present case was registered. On having been refused bail by learned V-Additional Sessions Judge, Malir Karachi, the applicant has sought for the same from this Court by way of instant bail application under Section 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; the FIR of the incident is lodged with delay of about one day and as per medical opinion, no rape has been committed with the victim, therefore, the applicant is entitled to be released on bail on point of further inquiry.

None has come forward to advance arguments on behalf of the complainant. However, learned DPG for the state has opposed to release of the applicant on bail by contending that the offence which he has allegedly committed is affecting the society at large and he has admitted his guilt before the police.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about one day; such delay having not been explained plausibly could not be overlooked. As per medical opinion, it was case of sexual assault which prima facie suggests that the victim was never subjected to rape. If for the sake of arguments, it is believed that the applicant has admitted his guilt before police, even then such admission in terms of Article 39 of Qaunu-e-Shahadat Order, 1984, could not be used against him as evidence. The case has finally been challaned and the applicant is said to be in custody for about four years. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

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

Instant bail application is disposed of accordingly.

J U D G E