IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2325 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
orders on office objection as at “A”
For
hearing of bail application
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10.03.2025
Mr.
Asim Waheed, advocate for
applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
IO/PI Sohail
Ahmed of PS Surjani Town
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Applicant/accused
Ali Raza son of Abdul Ghaffar
seeks pre-arrest bail in FIR No.849/2024, registered at P.S. Surjani Town, Karachi for offence under section 377, PPC,
after rejection of his bail plea by learned Additional Sessions Judge-X,
Karachi West vide order dated 28.09.2024.
2. Facts
involved in the instant case are that applicant/accused is arraigned as accused
on the allegation that on 17.07.2024 at about 1800 hours he committed sodomy
with son of complainant, namely Muhammad Umar, aged about 12 years.
3. Learned
counsel for applicant submits that applicant/accused is innocent and he has
been falsely implicated in this case due to previous enmity; that the
applicant/accused moved application against the brother of victim for causing
harassment to his sister; that this case has been managed by complainant and the
applicant/accused has falsely implicated. Complainant is called absent, without
intimation.
3. Learned
Additional Prosecutor General Sindh, submits that applicant is nominated in the
FIR with serious allegation of committing sodomy with minor boy of 12 years age
and medical evidence is corroborative with the ocular version; that alleged
offence is against the society and it comes within the ambit of prohibitory
clause of section 497, Cr.PC. She opposed the bail
application.
4. Heard
learned counsel for applicant, Additional Prosecutor General Sindh and perused
the material available on record.
5. Allegation
against the applicant/accused that he has committed sodomy with a boy of 12
years age, medical report is positive and during investigation statement of the
victim under section 164, Cr.PC was recorded wherein
he fully implicated the present applicant in the commission of offence, which
comes within the ambit of prohibitory clause of 497, Cr.PC.
The alleged offence carries capital punishment i.e. imprisonment for life. Main
contention raised by the counsel for applicant is that DNA is negative. At this
stage, this aspect of the case cannot be considered for the reason that it
amounts to be a deeper appreciation, when medical evidence is positive. No case
of grant of extra-ordinary relief is made out, therefore, interim pre-arrest
bail granted to applicant/accused by this Court vide order dated 01.11.2024 is
hereby recalled and the instant second bail application dismissed.
J U D G E
Gulsher/PS