ZAHER Versus State

ORDER

Petitioner seeks leave to appeal against Sindh High Court Sukkur Bench order, dated 26-11-2004 declining bail in a case of attempt to 'commit an offence under section 18 read with section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 on P.W. Ghulam Nabi aged about 11, years on 21-8-2004 within the jurisdiction of Police Station Bhiria City District Naoshero Feroze.

2. It is inter alia, contended that petitioner being 16/17 years old is a minor; that there is no tangible evidence to connect him with the commission of the alleged attempt to kidnap the victim for committing unnatural lust; that except the oral word of the victim, and his father in the backdrop of inimical relations between the parties there is no evidence; and lastly that there are no reasonable grounds to believe that the petitioner has committed the offence alleged against him.

Learned Advocate-General is unable to controvert the above submissions at the moment.

3. Without commenting on the truth or otherwise of the merits of the submissions, in view of the tender age of the petitioner and in the absence of unnatural lust having been committed coupled with the circumstance that investigation has been completed and the charge-sheet sent up before the trial Court, a fit case for the grant of bail pending trial is made out.

4. Consequently, this petition is converted into appeal and the same is allowed, impugned order of the High Court is set aside and petition is admitted to bail subject to furnishing solvent surety in the sum of Rs.50,000 and PR bond to the satisfaction of the trial Court. It may, however, be observed that in case the petitioner is found guilty of abuse of process of Court, trial Court would be at liberty to pass any appropriate order including the cancellation of bail, according to law.

H.B.T./Z-4/SC Bail granted.