ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-223 of 2024

(Muzamil Joyo Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

08.07.2024.

 

Mr. Amanullah Luhur, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State a/w complainant.

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

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant with one more culprit, committed carnal intercourse with PW Jai Pal, for which the present case was registered.

 

2.        The applicant having been refused post-arrest bail by learned 4th Additional Sessions Judge, Dadu, 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 party based on vicarious liability, otherwise, he has nothing to do with the alleged incident; therefore, he is entitled to be released on bail on the point of further inquiry, which is opposed by learned DPG for the State who is assisted by complainant Sagar Das alias Jani 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 is lodged with a delay of about two days; such delay could not be overruled. The role attributed to the applicant in the commission of the incident is only to the extent that he caught the arms of the victim when he allegedly was being subjected to carnal intercourse by co-accused Saifullahl, which requires determination at trial. The DNA report does not implicate the applicant in the commission of the incident. 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