ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-95 of 2024

(Muqeem Magsi Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

05.07.2024.

 

Mr. Rafique Ahmed K.Abro, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant attempted to commit rape on baby Areena, a six years girl, for which the present case was registered.

 

2.        The applicant having been refused post-arrest bail by learned 3rd Additional Sessions Judge/MCTC, Qamber, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

 

3.        It is contended by learned counsel for the applicant that the applicant is innocent and has been involved in this case falsely by the complainant only to deprive him of his money due against him, otherwise he has nothing to do with the alleged incident, therefore, he is entitled to be released on bail on point of further inquiry, which is opposed by learned DPG for the State by contending that the offence alleged against the applicant is affecting the society at large.

 

4.        Heard arguments and perused the record.

5.        The FIR of the incident has been lodged with a delay of six days; such delay could not be overlooked. On medical examination, no mark of violence was found on the person of the victim. The DNA report does not implicate the applicant in the commission of the incident. The parties admittedly are disputed over the settlement of the account. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicant. In these circumstances, a case for the release of the applicant on bail on the point of further inquiry is made.

 

6.        Under the discussed circumstances, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of the learned trial Court. 

 

7.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE