1. The petitioner seeks post-arrest bail in case FIR No, 228, registered with Police Station Chab-Khan, District Khanewal on 7.9.2005 for an offence under Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. 2.The brief facts of the case as narrated in the FIR are; that on the fateful day i,e, 4.9.2005 his daughter Bushra Rafique aged 13/14 years went for cutting the grass from his field. At about 9.00 a.m. when she was coming back to her house lying the grass on her head the petitioner alongwith Muhammad Ilyas, who was duly armed with pistol, boarded on Motorcycle CD-70 arrived and caught Mst. Bushra Rafique and was removed her to a dine. Further stated in the FIR that on the pistol point Mst. Bushra was directed by the petitioner to lay on earth who due to fear lay and the petitioner removed her trouser and broke the string of her daughter and tried to commit zina-bil- jabr. The co-accused Ilyas remained present there as a guard. The accused ran away after seeing the complainant with Muhammad Saeed and Muhammad Akhtar who arrived there after attracting the hue and cry raised by the victim.
3. 3.Learned counsel for the petitioner contends that only the allegation against the petitioner is that he attempted to commit zina with the victim, he was arrested on 13.11.2006 and there is no likelihood of conclusion of trial in the near future. It is further contended that there is a cross- version of the petitioner that Mst. Mumtaz Bibi, sister of the petitioner was also assaulted by Fakhar son of the complainant and Muhammad Arshad nephew of the complainant and an application in this behalf was moved by the petitioner on 5.9.2005 one month before the registration of said case and the present case has been registered as a counter-blast.
4. 4.The learned Deputy Prosecutor General opposes the bail application on the ground that the case on behalf of the accused party has been got registered after the registration of the present case. It is contended that the victim was aged about 13/14 years.
5. 5.I have heard learned counsel for the parties and have also gone through the record. Learned counsel for the petitioner has brought on record a copy of the application which was moved by Abdul Hameed against Fakhar son of the petitioner and his nephew namely Arshad on 16.8.2005 that they had attempted to commit murder of Mst. Mumtaz Bibi daughter of Suba Khan at 10.00 a.m. and it is contended by learned counsel for the petitioner that the police did not register a case but it was registered on 11.9.2005 while the incident had allegedly taken place on 16.8.2005. The incident in the present case had taken place on 4.9.2005 and FIR was registered on 8.9.2005 and the noting of the said application by SHO Police Station Chab Kalan is dated 5.9.2005, so the possibility of false implication of the petitioner-in the present case, cannot be ruled out. Even otherwise, the petitioner is behind the bars since 13.11.2006 and report under Section 173, Cr.P.C. has been submitted recently. There is no likelihood of conclusion of trial in the near future. Even otherwise, the evidence collected by the prosecution makes out a case of the petitioner that of further inquiry as covered by sub-section (2) of Section 497, Cr.P.C. Therefore the present bail application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial Court/Raga Magistrate.