Jahangir and Imran, petitioners seek bail after arrest in case F.I.R. No,321/2007 dated 10.11.2007 under Section 356/376/511 PPC registered with Police Station Sahooka, District Vehari, at the instance of Niaz Ahmad, complainant.
2. According to the prosecution, the complainant was sleeping in his house on the day of occurrence at about 12:00/1:00 a.m. (midnight), petitioners and their co-accused while armed with deadly weapons entered in the house by crossing his boundary walls, caught the complainant and asked him to handover the amount received by him on that date from one Hafiz Muhammad Shafique. They gave beating to the complainant and his wife. They also tied the complainant in the room and then removed his wife in the Courtyard of his house and accused started immoral activities with her in order to subject her to Zina. They broke the string of Shalwar of his wife and her clothes were also torn by the accused persons.
3. After hearing learned counsel for the parties and perusing the record, I find that Imran, Petitioner No,2 was arrested on 31.01.2008 and he is stated to be less than 16 years of age. There is a delay of 12 days in lodging the F.I.R. There is no medical evidence qua the injuries allegedly caused to the complainant, and similarly Zina was not committed by any of the petitioners with Mst. Maryyam, the wife of the complainant. By adding Section 511 PPC, it is crystal clear that only an attempt was made to commit the crime. The allegation that attempt to commit the Zina by the petitioners requires due assessm ent and evaluation which can be only done during the trial and the involvement of the petitioners on account of some ulterior motive cannot be ruled out. Resultantly, the present petition is accepted and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 50,000/- (rupees fifty thousand) each with two sureties each in the like amount to the satisfaction of learned trial Court.