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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SARFRAZ KHAN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 678
[Karachi]
Before Abdul Razzak A. Thahim, J
SARFRAZ KHAN Applicant
versus
THE STATE‑‑Respondent
Criminal Bail Application No. 1765 of 1986, decided on 15th December, 1986.
Criminal Procedure Code (V of 1898)‑‑
‑‑S. 497‑‑Penal Code (XLV of 1860), S. 506/377/342‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12‑‑Bail, grant of‑‑Sodomy‑‑Delay in lodging of F.I.R.‑‑Act of sodomy allegedly repeated after four days and complainant remained with accused all this time (four days) but had not lodged F.I.R.‑‑Both complainant and his father swearing affidavits that no sodomy was committed‑‑Bail plea, though cannot be considered on affidavits only, yet delay in F.I.R. and affidavits making it a case requiring further enquiry in circumstances‑‑Bail granted.
Shahadat Awan for Applicant. Abdul Ghafoor Mangi A . A .‑G for the State.
ORDER
This is an application for bail on behalf of Sarfraz Khan in a case registered under section 506/377/342, P.P.C.
The allegation against applicant is that on 20‑9‑1986 applicant took complainant Saleem Masih to Muhajar Camp in a taxi and committed sodomy. Once again on 24‑9‑1986 he again called him from his house on the pretext of getting him job in P.I.A. He confined him in a room at Cattle Colony where he committed sodomy for four days.
It is argued that there is delay in lodging F.I.R., and story given by complainant is improbable.
Mr. Abdul Ghafoor Mangi, A.A.‑G. has no objection to the grant of bail.
It is alleged that sodomy was committed on 20‑9‑1986 but complainant did not lodge report. He again responded the call of accused on 24‑9‑1986 and accompanied him knowingly that accused had committed sodomy. He was said to have been released after four days but no applications were made and regular case was filed till 9‑10‑1986. Complainant Saleem Masih and his father Waryam Masih have sworn affidavits that no sodomy was committed. However, the bail plea cannot be considered on affidavits only, but from delay in filing F.I.R. and affidavits, I am of the opinion that case requires further enquiry. Applicant is admitted to bail on furnishing one surety in the sum of Rs.30,000 (thirty thousand) and P.R. bond in the like amount to the satisfaction of IIIrd Additional Sessions Judge, (West) Karachi.
M.Y.H./S‑133/K Bail allowed.