' ZAFAR IQBAL CHAUDHRY, J.--Through this petition under section 497, Cr.P.C. Shabeer Hussain petitioner seeks post-arrest bail in case F.I.R. No,263 dated 24-6-2008 registered under section 376, P.P.C. At Police Station Dera Rahim District Sahiwal on the application of Mst. Shabella Bibi with the allegation that about 15/20 days earlier, when she was alone in the house, the petitioner who is real father of Mst. Shabella Bibi committed Zina-biljabar with her.
3(sic). Learned counsel for the petitioner submits that the petitioner has been involved in this case falsely on account of enmity with grand-mother and real aunt of the victim because one Naveed who is son of aunt of victim had developed illicit relations with her and the petitioner being father could not tolerate this who gave beating to the victim; that to save the skin of said Javed a false story has been concocted to eliminate the petitioner from the way; that the petitioner is a father of seven children including the victim and it is highly improbable story that he could have committed such a sinful act with his own daughter in the presence of other children; that the mother of the victim and wife of the petitioner is also present in the Court, who has vehemently denied commission of this occurrence and supported that actually on account of intimacy between the victim and Javed to save their skin this case has been got registered by one Haji Shaukat, who hails from Lahore and is an influential person.
4. Learned D.P.-G. Assisted by the learned counsel for the complainant submits that the victim is a minor, who has no motive to falsely involve the petitioner in this case and being real daughter of the petitioner she cannot think to depose against him falsely; that the offence falls within the prohibitory clause of section 497, Cr.P.C. And the petitioner having committed a very heinous offence is not entitled to the concession of bail.
5. After hearing the learned counsel for the parties and perusal of the record it is admitted that the petitioner has seven children including the alleged victim and they all were residing in the house with their mother and the petitioner. It is highly improbable that the petitioner would have committed such a heinous offence with his own daughter in the presence of other children. For the time being there is nothing on the record that the petitioner was a man of ill repute who could go to such extent for commission of Zina with his own daughter. Keeping in view the nature of the allegation the learned D.P.-G was asked to scrutinize the police file minutely and assist this Court properly who submits that for the time being there is solitary statement of the victim and her real mother has refuted the said allegation. It is found that the medical evidence is prima facie in contradiction with the version of the victim and so far result of the Chemical Examiner has not been received. Keeping in view the facts and circumstances explained by the mother of the petitioner coupled with the factum that the victim had even refused to meet her real mother in Darul Aaman and she is preferring to live with the grand- mother and the maternal aunt, who are allegedly instrumental to involve the petitioner in this case to save the skin of their son Javed, the possibility of levelling such an allegation cannot be ruled out as in such a teen age a girl with little education can very easily be tutored by her relatives. As such the case against the petitioner is of further inquiry who is behind the bars for the last more than six months and his further detention will not serve any useful purpose to the prosecution. Hence this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.
6. The alleged victim who was sent to Darul Aaman Multan has been produced in Court, who will be handed over to her real mother present in Court as she is the natural guardian. At this stage learned counsel for the complainant submits that there is apprehension that the victim will be murdered. The mother of the petitioner submits that no mal-treatment will be given to her. Asghar Ali S.-I. Present in Court is directed to provide all protections to the alleged victim and ensure that she will not be maltreated in future.
7. The D.P.O. Sahiwal is directed to hold an inquiry into the allegations through any officer not below the rank of D.S.P, other than the SDPO of the area, who after joining all the concerned in the said enquiry will bring on record the true facts and report thereof will be submitted to this Court through the Deputy Registrar (Judicial) of this Bench.