IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3024 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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05.03.2025
Mr.
Habib-ur-Rehman Khan, advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
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Applicant/accused
Rehmat Masih son of Asif seeks pre-arrest bail in FIR No.64/2024, registered at
P.S. Mehmoodabad, Karachi for offence under sections 377,
PPC, after rejection of his second bail plea by learned Additional Sessions
Judge-III, Karachi South vide order dated 03.12.2024.
2. Learned
counsel for applicant out rightly admitted that this Court vide order dated
15.10.2024 declined pre-arrest bail to applicant, however, he has moved fresh
pre-arrest bail before learned trial Court on the ground that complainant has
recorded his no objection for grant of pre-arrest bail and the trial Court vide
order dated 03.12.2024 did not consider no objection rendered by complainant on
the ground that alleged offence is non-compoundable. Counsel for applicant
prayed for grant of pre-arrest bail in view of no objection extended by
complainant.
3. On the
other hand, learned Additional Prosecutor General Sindh, submits that medical
evidence of victim is positive and his statement under section 164, Cr.PC was recorded during trial in which he has fully
supported the case of prosecution and second bail application on the ground of
no objection is no ground for grant of pre-arrest bail as the offence alleged
is non-compoundable.
4. Heard
learned counsel for applicant, Additional Prosecutor General Sindh and perused
the material available on record.
5. This
Court vide order dated 15.10.2024 dismissed pre-arrest
bail of applicant on merits with the following observations:
“4. I have heard the parties and perused
material available on record including the case law. There is prima facie
evidence against the applicant in shape of direct allegations by the victim.
Applicant is said to be a teacher and had called the victim in his house on
some excuse, where he allegedly committed sodomy with him. These allegations
have been confirmed in the medical examination of the victim. There is no
enmity of complainant with the accused to falsely implicate him in this heinous
offence. Prime facie, the case has been made out and the delay per se in
registration of FIR is no ground to grant extraordinary concession of
pre-arrest bail.”
6. Thereafter,
applicant has moved fresh bail application before the
trial Court on the ground that complainant recorded no objection for grant of
bail. Alleged offence is non-compoundable, therefore,
no objection recorded by complainant has no value. During trial, evidence has
been recorded by the trial Court wherein complainant party has fully supported
the case of prosecution. Medical evidence of victim is also positive.
Therefore, instant second bail application is not maintainable, the same is
accordingly dismissed.
J U D G E
Gulsher/PS