ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-109 of 2023

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

13.04.2023.

 

Mr. Muhammad Yousif Magsi, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant committed rape with baby Ghulam Fatima a girl aged about 07 years, for that he was booked and reported upon. On refusal of bail by learned 1st Additional Sessions Judge, Qamber, the applicant has sought for the same from this Court by way of instant application under Section 497 Cr.PC.

 

2.        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 his matrimonial dispute; the FIR has been lodged with delay of one day and the DNA report is in negative; therefore, the applicant is entitled to be released on bail on point of further inquiry, which is opposed by learned Addl.P.G for the State by contending that the offence which the applicant has allegedly committed is affecting the society at large.

 

3.        Heard arguments and perused the record.

4.        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; on medical examination, the hymen of alleged victim was found intact which negates the commission of rape with her; the DNA report is not implicating the applicant with commission of the incident; the parties are said to be disputed over matrimonial affairs; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry is made out.

 

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

 

6.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE