SHC recalls pre-arrest bail in rape, attempted murder case

The Sindh High Court (SHC) has recalled and dismissed the pre-arrest bail of a man in a case pertaining to sexual assault, attempt to murder and harassment.

Mohammad Yaqoob Lakhar was booked by the Zaman Town police on the complaint of a woman who claimed that the land owner had trespassed the house, sexually assaulted her and issued threats of dire consequence over a rent-related dispute.

Complainant Alishah alleged that the applicant had barged into the house while she was alone with her sister in August 2022 despite her refusal, and manhandled and hit her, and tore apart the top she was wearing.

The applicant’s counsel said his client was the landlord of the premises and the complainant’s family did not leave the premises despite being told to do so. He said that a complaint about the woman had also been made to the police.

The additional prosecutor general and the complainant’s counsel opposed the pre-arrest bail of the applicant. After hearing the arguments of the counsels, a single SHC bench headed by Justice Omar Sial said the applicant’s counsel had not denied the incident.

The bench said that the applicant had no right to humiliate, hit or abuse a tenant and engage in violent behaviour in order to evict a tenant, and that too a woman, which is simply not permissible.

The court said that the complainant’s allegations will be determined by the trial court, but there appears to be medical certificates on record that support the complainant’s version. The bench said that the punishment for the offences with which the applicant is charged may fall within the non-prohibitory clause of Section 497 of the Criminal Procedure Code. Besides, added the court, violence inflicted upon a helpless woman is an exception that disentitles the applicant from the concession of bail.

The court said that it did not find any mala fide intention on the part of the complainant or the police to falsely implicate the applicant. The bench then recalled the interim pre-arrest bail of the applicant and dismissed the bail.