Moulvi Mehrab vs The State
The applicant, charged with committing unnatural lust upon a seven-year-old boy, sought post-arrest bail after being refused by the trial court. The applicant argued innocence, claiming false implication due to a religious dispute, a six-hour delay in the FIR, and a negative DNA report. The State and the complainant opposed the bail, arguing the DNA report was inconclusive and the offense was heinous. The Court observed that the applicant was specifically named in the FIR, and medical examination corroborated the victim's pain and swelling in the anal region. The Court held that it would be premature to accept the plea of false implication, noting that no one would typically involve an innocent person in such a sensitive case at the cost of the victim's honor. The Court further ruled that the inconclusive DNA report did not support the applicant's case, and the six-hour delay in the FIR was not fatal. Finding reasonable grounds to believe the applicant was guilty, the Court dismissed the bail application and directed the trial court to expedite the proceedings.
- Does an inconclusive DNA report entitle an accused to bail on the grounds of further enquiry?
- Is a six-hour delay in the registration of an FIR fatal to the prosecution's case in matters involving sexual offenses against minors?
- Can an accused be granted bail when there are reasonable grounds to believe they are guilty of the charged offense?
- Section 498, Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J.- It is alleged that the applicant subjecte d Zaheer Ahmed, a boy aged about seven years, to unnatural lust, when he went to have religious teaching from him, for that the present case was registered .
2. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge, Khipro has sought for the same from this Court by way of instant 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 by the complainant party on account of religious dispute; the FIR has been lodged with delay of about six hours and DNA report is in negative therefore, the applicant is entitled to his release on bail on point of further enquiry .
4. Learned Assistant Prosecutor General for the State and learned counsel for the complainant have opposed to grant of post-arrest bail to the applicant by contending that the DNA report is incon clusive and the offence alleged against the applicant is af fecting the society at large.
5. I have considered the above arguments and perused the record.
6. The applicant is named in FIR with specific allegation that he subjected PW Zaheer Ahmed, a boy aged about seven years to unnatural lust, when he went to him to have religious education. On medical examination the swelling with pain on anal region of the victim has been noticed. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its religious dispute with him. None indeed would involve an innocent person in case like present one at the cost and honour of an innocent boy carrying a stigma for life. DNA report is inconclusive; therefore, it extends no support to the case of the applicant tentatively . The delay of about six hours in lodgment of FIR could hardly be termed as a fatal to the case of prosecution; it even otherwise was natural in case like the present one. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. In these circumstances, it could be concluded safely that no case for grant of bail to the applicant is made out.
Consequently , the instant bail application is dismissed with direction to learned trial Court to expedite the disposal of very case against the applicant and conclude it preferably within three months after receipt of copy of this Order .