Aziz-ur-Rehman and Mirza Imran, the petitioners, by filing this application have sought post-arrest bail in case FIR No 844/2008, dated 24.12.2008, registered at the Police Station Sadar Kasur in respect of offences under Sections 365-B/371-A/371-B and 376, PPC.
2. At the outset learned counsel for the petitioner states that he would not press this petition to the extent of Aziz-ur-Rehman Petitioner No,
1. Consequently this application stands dismissed qua Aziz- ur-Rehman alias Chand Petitioner No, 1.
3. Insofar as Mirza Imran, Petitioner No, 2, is concerned, learned counsel for the petitioner has contended that there is a delay of more than a month in lodging the F.I.R.; that the petitioner is not nominated in the F.I.R rather he was implicated in this case on the basis of a supplementary statement which was recorded on 1.1.2009 that in fact the petitioner was involved due to the filing of habeas corpus petition moved by petitioner's father against the police officials of the Police Station Sadar Kasur; that the petitioner has been languishing in jail since 16.1.2009 and that during the investigation Mst. Shabana and Ishfaq, co-accused, were found innocent and consequently, their names were placed in Column No, 2.
4. Conversely learned Deputy Prosecutor General has opposed this application tooth and nail by submitting that the petitioner is involved in a heinous, nefarious and despicable crime therefore, he is not entitled to the concession of post-arrest bail.
5. Heard Record perused.
6. It is true that the petitioner is not named in the F.I.R, however he was implicated in this case on the basis of a supplementary statement dated 1.1.2009 made by the complainant. In the said statement the complainant named the petitioner and Aziz-ur-Rehman, co-accused, suspecting them to be the main culprits of the offence. During the investigation on a tip off given by the complainant the police conducted a raid and recovered Mst. Sumera Bibi the alleged abductee, who was found at General Bus Stand, Lahore, in the company of one Manzoor Ahmad. On her recovery the alleged abductee made a detailed statement under Section 161, Cr.P.C. wherein she gave woeful tale of how after leaving her parent's house in the company of her friend Mst.
Shapana she, had been defiled and detained by the accused for selling her flesh. According to her the said Shabana betrayed her and vanished leaving the abductee stranded in a village fair.
Giving the detail of her miseries and misfortunes she claimed that finding her alone and stranded a boy allured her with a false promise that he will get her connected on telephone with her parents.
Thereafter according to the abductee the said accused took her to a cattleyard, confined her there, whereafter she was raped by three people. On the next day she was taken to Lahore where she found herself landed in the captivity of Imran, the co-accused and the present petitioner According to the abductee during her captivity her captors used to provide her services to different people who would rape/bonk her for satisfying their sexual lust. However, after finding an opportunity she got herself freed from the clutches of the accused. After recording the said statement she was got medically examined which supported the allegations levelled against the petitioner. During the investigation it was found that since long the petitioner was involved in the nefarious activity of alluring and abducting the innocent and stranded girls found near Minar-e- Pakistan for selling their flesh to his (petitioners) sex-starved customers. During the investigation it was found that many a time the petitioner had trapped such like innocent girls who for one reason or other had left their parental house and became a prey to avarice of the petitioner. After collecting the relevant material the petitioner was found guilty by the police whereas, the two co- accused were placed in Column No, 2, who were found innocent. In the said backdrop there is sufficient material available on the record to saddle the petitioner with the alleged crime. The facts of the case reveal that the petitioner is not only guilty of an offence against abductee of this case rather he ruined the future of other girls--duly named in the investigation--as well. According to the investigation the main operational area of the petitioner is surrounding of Minar-e-Pakistan.
Such like accused, being a menace for society do not deserve any leniency even in the matter of bail. Even otherwise the offences allegedly committed by the petitioner falls within the prohibitory clause of Section 497, Cr.PC. Learned counsel for the petitioner has failed to demonstrate that the complainant or the victim has any or grievance against the petitioner, which could be a reason for his false implication in this case. Insofar as the involvement of the petitioner due to filing of the habeas corpus petition is concerned, the petitioner has brought nothing in support of the said plea.
7. Consequently, the application in hand having been found meritless stands dismissed.