Petitioner Muhammad Ashraf through the instant petition has sought for post arrest bail in case F.I.R. No,82 registered under Sections 376 PPC with Police Station Dal Waryaam, District Pakpattan on 07.6.2010.
2. Briefly the prosecution case as per the FIR is that on the night between 5/6.6.2010 at about 9.00 p.m., four unknown persons on fire-arm point have forcibly taken Mst. Waziran Bibi, the wife of the brother of the complainant, to a sugar cane crop and there he (petitioner) subjected her to zina- bil-jabbar.
3. After hearing the learned counsel for the parties and perusing the record, I find that according to the allegation, he took her from her house to a nearby sugar cane crop. The question that in such circumstance, whether the offence of abduction would be made out against him is to be seen at trial. As regards the other allegation of zina against him, there is case Diary No, 2 dated 13.6.2010, recorded by Falak Sher, ASI of the said Police Station to the effect that the lady was carrying on with him and she on the relevant day has taken her out in connection with such illicit intimacy. It is interesting to note that the lady Doctor in respect of the medical examination of the lady has opined that rape is not proved in her case.
4. The report of the Chemical Examiner is also in the negative I may mention here that benefit of every doubt, even at bail stage, is to be given to an accused.
5. In view of the said opinion of the police officer mentioned in the case diary, the report of tile lady Doctor in respect of the lady's medical examination that rape is not proved and the negative report of the Chemical Examiner, I find that his case is certainly open to further inquiry into his guilt and the same, so is covered under sub-section (2) of Section 497 Cr.P.C.
6. I may mention here that the learned counsel for respondent No, 2/Complainant has referred to the case of Asad Shah us. The State (2010 YLR 450 Lahore), Abdul Razzaq alias Bhola us. The State (2007 P.Cr.L.J 1788 Lahore) and Muhammad Tariq us. The State (2008 M LD 337 Lahore) saying that in view of the nature of the allegation against him, he is not entitled to the relief prayed for.
7. It is well settled principle in criminal administration of justice that each criminal case is to be adjudged in the background of it's own facts and circumstances and the facts of two criminal cases seldom co-incide. I am afraid that these precedents are not applicable to his case due to it's above-mentioned distinctive feature than those cases.
8. He is stated to be behind the bars since the date of his arrest and a previous non-convict.
9. In these circumstances of the case, I have been persuaded to hold that the case for his enlargement on bail has been made out: 10.Resultantly, I accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.