Case Details

Citation(s)
2026 SLG 580 2026 SLD 580 = 2026 SHC 669
Sindh High Court
Criminal Bail Application No.1462 of 2025
Presented By: Jan Ali Junejo, J
Applicant                             :           Clifford Smith, Through: Mr. Liaqat Ali Awan, advocate Complainant                       :           Wali Muhammad in person. The State                              :           The State: Through Ms. Rubina Qadir, Additional Prosecutor General, Sindh Date of hearing                  :         06.03.2026 Date of Order                      :         18.03.2026

CLIFFORD SMITH S/O R H SMITH V/S THE STATE Sindh High Court, Karachi

Law: Code of Criminal Procedure, 1898

Section: 497(1),(2),164

Law: Pakistan Penal Code, 1860

Section: 376,511

🔹 Summary The accused applied for post-arrest bail in a case of attempted rape of a minor girl (9–10 years old). He argued that there was delay in FIR, no medical evidence, no witness names, and that he was falsely implicated due to a property dispute. The Court held that: The accused was caught on the spot The minor victim identified him clearly The delay in FIR was reasonable Lack of medical evidence or Section 164 statement is not decisive at bail stage The offence is serious and heinous Therefore, there were reasonable grounds to connect the accused with the offence, and the case did not fall under further inquiry. 👉 Bail was refused.     📘 Criminal Procedure Code (Cr.P.C.) Section 497(1) → Bail in non-bailable offences Section 497(2) → Further inquiry Section 164 → Statement before Magistrate 📘 Pakistan Penal Code (PPC) Section 376 → Rape Section 511 → Attempt to commit offence 🔹 2 Two-Word Description Child Assault Bail Denied O R D E R Through this application under Section 497, Cr.P.C., the Applicant seeks post-arrest bail in FIR No. 167/2025 registered at P.S. Baloch Colony, Karachi, under Sections 376/511, PPC, alleging attempt to commit rape of a minor child aged about 9/10 years. The Applicant’s earlier bail application (Cr. Bail Application No. 1623/2025) was declined by the learned Additional Sessions Judge-III, Karachi South, vide order dated 23.05.2025.   As per the FIR lodged on 29.04.2025 at 2130 hours, the complainant Wali Muhammad states that his minor daughter Haleeman (aged about 9/10 years) was returning from tuition at about 1930 hours when their neighbor, namely Clifford Smith s/o R.H. Smith, resident of House No. E-299, Gali No. 22, Sector F, Manzoor Colony, lured her with money, took her inside his house, removed her shalwar and attempted to commit zina with her. On her hue and cry, people from the locality gathered, apprehended the   accused on the spot, and produced him at the police station, where the report was lodged.   Learned counsel for the Applicant contends that: (i) there is an unexplained delay of about two hours in lodging the FIR; (ii) the…
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