' M.A. ZAFAR, J.---Fida Hussain, the petitioner seeks pre-arrest bail in case F.I.R. No,72/8 dated 14-2- 2008 for offence under section 376, P.P.C, registered with Police Station City Pakpattan on the written application of Mst. Abida Bibi complainant.
' According to the F.I.R., on the night between 6/7th of November, 2007 the complainant was sleeping in a room of her house while her husband, who was an employee in a hotel at Fawara Chowk was not present. Muhammad Ayub, her father-in-law was sleeping in a nearby room. At about 2-30 a.m. Mid-night, Fiaz alias Baggi armed with knife while climbing over the wall, entered in her room and on knife point, snatched the key of atachicase and took Rs,5000 from the atachicase.
Then he after putting hand on her mouth committed Zina Bil Jabar with her against her wishes.
When the complainant tried to make noise, the said Fiaz alias Baggi threatened to kill her and also gave fist blows on her mouth. In the meanwhile, complainant's husband came, who knocked the door. The complainant made a noise whereupon her father-in-law also awoke up. They tried to catch hold Fiaz alias Baggi, who threatened' them and fled away from the spot.
3. Learned counsel for petitioner submits that the petitioner is not named in the original F.I.R., his brother Fiaz @ Baggi was named, who was later on exonerated by the complainant on 3-3-2008.
But through a supplementary statement allegedly made on 2-3-2008 by complainant she substituted the present petitioner levelling the same allegations, which were levelled against Fiaz alias Baggi.
4. On the other hand, learned D.P.G. Submits that the complainant has implicated the present, petitioner through a supplementary statement and there is no good ground to grant extraordinary relief of pre-arrest bail to the petitioner.
5. After hearing learned counsel for parties and perusing the record, I have observed that the occurrence took place on the night of 6/7th of November, 2007 and F.I.R. Was lodged after about three, months on 14-2-2008 in which she named Fiaz alias Baggi and the present petitioner is not named as an accused. Before lodging the F.I.R., the complainant moved an application before the learned Addl: Sessions Judge/Ex-officio Justice of Peace for the registration of case impleading Fiaz alias Baggi being a person who committed Zina Bil Jabar with her. The said application was moved on 16-11-2007 police submitted its report dated 24-11-2007 stating therein that there are illicit relations between Abida Bibi complainant and Fiaz alias Baggi. However, learned Addl: Sessions Judge Pakpattan vide orders dated 14-12-2007 directed the S.H.O., Police Station to register a case and thereafter the present case was registered on 14-2-2008. Since the registration of case in pursuance of the order passed by learned Addl: Sessions Judge, was delayed the complainant moved an application for taking action against the police officials and even in the said petition. Fiaz alias Baggi was impleaded as respondent No,3. The said application was filed on 26-1-2008 and the same was disposed of on 12-2-2008 on the report that case has been registered. From the perusal of documents annexed with the petition, it is evident that the complainant sworn an affidavit on 23-2-2008 exonerating Fiaz alias Baggi. In a pre-arrest bail application moved by Fiaz alias Baggi, the complainant appeared and made statement exonerating the said Fiaz alias Baggi and got recorded her statement on 3-3-2008 in the presence of her father-in-law Muhammad Ayub and also her counsel. Learned Addl: Sessions Judge vide order dated 3-3-2008 confirmed the pre-arrest bail of Fiaz Q Baggi. In the said statement she has no where stated that in fact the Zina was committed with her by the present petitioner and she had already made a supplementary statement. Later on Muhammad Ayub, father-in-law of the complainant moved an application before the learned Addl: Sessions Judge Pakpattan Sharif for issuing the direction to the police officials to arrest Fiaz alias Baggi. The said application was filed on 10-4-2008 and the same was disposed of on 15-4-2008 with the observations that the said Muhammad Ayub has no concern in the matter. Muhammad Ayub father-in-law of the complainant moved an application under sections 22-A and 22-B, Cr.P.C. Before the learned Addl.
Sessions Judge Pakpattan Sharif against seven respondents including the present petitioner on 14- 4-2008 praying to issue direction for the arrest of the petitioner and others. The said application was dismissed on 15-4-2008. At one stage, Fiaz alias Baggi moved a writ petition No,6064/08 in this Court for quashing the F.I.R. But in view of the police report that he has been found innocent during the investigation, the said writ petition was disposed of vide orders dated 16-12-2008. The resume of the aforesaid facts clearly establishes that the present petitioner has nothing to do with the case right from the beginning, his brother Fiaz alias Baggi was named as an accused and even in a petition filed by the complainant's father-in-law on 10-4-2008, she has mentioned Fiaz alias Fida alias Baggi. The intended arrest of the present petitioner appears to be a mala fide C on the part of the complainant to falsely implicate him in the case and extract money from him, otherwise there was no reason why instead of the present petitioner, his brother was originally implicated and later on after a year he was exonerated. The parties are residents of the same vicinity and they are known to each other. The guilt of the petitioner requires further probe and inquiry within the meaning of section 497(2), Cr.P.C.
6. For the foregoing reasons application is allowed and ad interim bail granted to the petitioner vide order dated 9-3-2009 is confirmed on the same bail bonds already submitted. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.