MST.MAQBOOLA (Applicant) VS THE STATE (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.B.A.No.S-108 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection

2.For hearing of main case.

Mr. Aziz Ahmed Laghari, advocate along with applicant. Ms. Sobia Bhatti, A.P.G for the State.

Irshad Ali Shah J;- It is alleged that the

applicant with rest of the culprits attempted to commit rape with Mst.

Bismah, for that the present case was registered against him.

2.On having been refused pre-arrest bail by the learned Additional Sessions Judge-II/GBV Court Mirpurkhas the applicant has sought for the same from this Court by making the instant bail application under section 498 Cr.P.C.

3.It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely; the FIR has been lodged with delay of about four hours; no incident of rape has taken place and Mst. Bismah has already recorded no objection to grant of bail to the applicant by filing her affidavit before learned trial Court. By contending so, he sought for pre-arrest bail for the applicant on point of further inquiry and malafide.

4.Learned A.P.G. for the State and learned counsel for the complainant have opposed to grant of pre arrest bail to the applicant

by contending that he has actively participated in commission of incident.

5.I have heard learned counsel for the parties and perused the record.

6.The FIR of the incident has been lodged with delay of about four hours; such delay having not been explained plausibly could not be overlooked. No incident of rape has taken place and Mst. Bismah by filing her affidavit has already recorded no objection to grant of bail to the applicant. The case has finally been challaned. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of further inquiry and malafide is made out.

7.In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

8.The instant bail application is disposed of accordingly.

JUDGE

Ahmed/Pa