IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.2351 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on office objection as at
“A”
2.
For orders on M.A. No.13730/2024
3. For
hearing of bail application
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17.03.2025
Mr.
Amjad Hussain Shar, advocate for applicant
Mr.
Khadim Hussain Khuharo, Addl: P.G. Sindh
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Applicant/accused
Nazar Hussain son of Ghulam Sarwar seeks pre-arrest
bail in FIR No.912/2023, registered at P.S. Zaman Town,
Karachi for offence under section 377, PPC, after rejection of his bail plea by
learned Additional Sessions Judge-VII, Karachi East vide order dated 18.11.2023.
2. Facts
involved in the instant case are that applicant/accused is arraigned as accused
on the allegation that on 09.08.2023 at about 1400 hours he committed sodomy
with son of complainant, namely, Muhammad Rafay, aged
about 7 years.
3. Learned
counsel for applicant submits that applicant/accused is innocent and he has
been falsely implicated in this case; that complainant of this case has
recorded his no objection before the trial Court but the trial Court has
refused to grant bail. He relied upon the cases of Hamad
vs. The State and another (2023 MLD 2082), Muhammad Rahat
Fareed vs. The State and
another (2023 PCr.LJ 436) and Kiramat
Khan versus the State and another (2024 YLR 1529).
4. Learned
Additional Prosecutor General Sindh opposed for grant of bail on the ground
that applicant is single accused nominated in the FIR for committing sodomy with
a minor boy of 7 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.
He opposed the bail application and submits that no objection recorded by
complainant carries no weight on the ground that the
alleged offence is non-bailable.
5. Heard
learned counsel for applicant, Additional Prosecutor General Sindh and perused
the material available on record.
6. Applicant
has been specifically nominated with the allegation that he has committed
sodomy with a boy of 7 years age and medical report is positive. Learned
counsel for applicant mainly contended that complainant of the case has
recorded no objection for grant of bail but the trial Court has not considered
this aspect of the case. Since the alleged offence is not compoundable,
therefore, no objection recorded by complainant carries no
weight, as held by the apex Court in its various pronouncements on this issue. Reliance
is placed on the case of Bashiran Bibi
versus Nisar Ahmed Khan (PLD 1990 Supreme Court 83). The
alleged offence carries capital punishment i.e. imprisonment for life. No case
for further inquiry has been made out, therefore, instant criminal bail
application dismissed. The
observations made herein above are tentative in nature and would not prejudice
the case of either party at trial.
J U D G E
Gulsher/PS