ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

1^st Crl. Bail Appln. No.S-567  of 2023.

Date                           Order with signature of Hon’ble Judge

1. For orders on office objection.

2. For  hearing of Bail Application.

Mr. Miran Bux Soomro, Advocate along with applicants (on bail).

Mr. Ali Anwar Kandhro, Addl. Prosecutor General.

Date of Hearing      : 06.11.2023.

Date of Order          : 06.11.2023.

O R D E R

                        Applicants Hazoor Bux Naseerani and Majeed alias Abdul Majeed Khalti were admitted to interim pre-arrest bail on 05.10.2023 in crime No.85 of 2023, registered at P.S Kashmore, for offence under Sections 376, 114, 506/2, PPC and today the matter has been heard for it’s confirmation or otherwise. Such plea of the applicants was declined on 23.9.2023 by the learned Sessions Judge, Kashmore at Kandhkot.

2.         In nutshell the accusation is that on 18.03.2023, co-accused Mst.Naseeban deceitfully took the complainant Mst. Siyani Khatoon to the house of applicant/accused Hazoor Bux, wehere on the instigation of co-accused Mst. Naseeban, the present applicants and others after tearing the clothes of Mst. Siyani Khatoon committed forcible zina with her. PWs Hussain Bux and Waheed having arrived at the place of incident rescued the complainant. 

3.         Complainant Mst. Siyani Khatoon, who is victim of the case, has sworn her affidavit, whereby she has recorded her no objection for grant of pre-arrest bail to the applicants/accused.  Such affidavit filed by the complainant/victim Mst. Siyani Khatoon was not considered by the learned Sessions Judge, Kashmore at Kandhkot at the time of deciding the bail application of the applicants.

4.         Learned Addl. P.G., in view of the affidavit of complainant/victim, has raised no objection for confirmation of interim pre-arrest bail already granted to the applicants.

5.         No doubt the applicants/accused are named in the FIR with the role of committing of zina bil jabr with the complainant/victim, but it is also admitted position on record that except the complainant none else has witnessed the alleged incident. Hussain Bux and Waheed, cited as PWs in the FIR, are not eyewitnesses of the alleged incident.  The complainant in her affidavit sworn has also recorded her no objection for grant of pre-arrest bail to the applicants.  When the entire prosecution case is based on the sole evidence of complainant Mst. Siyani Khatoon, who by swearing her affidavit has stated that the applicants are innocent and she has no objection for grant of bail to them, the case against the applicants/accused, in my view, falls within the ambit of further enquiry as envisaged under sub-section (2) to Section 497, Cr.P.C.

6.         In view of above, instant bail application is allowed and the interim pre-arrest bail earlier granted to the applicants on 05.10.2023 is hereby confirmed on same terms and conditions.

7.         It needs no mention here that the above observations are based on tentative assessment of the material placed on record and the trial Court shall not be influenced there-from, in any, while dealing with the trial. 

                                                                                                                        JUDGE