Petitioner namely Muhammad Imran, seeks post arrest bail in case FIR No, 05/2010 dated 07.01.2010 offence under Sections 365-B, 376(i) PPC registered at Police Station Sadar Dunyapur, District Lodhran, with the allegation that the petitioner along with co-accused while armed with firearm abducted the complainant Mst. Sumera Yasmeen and committed Zinn-bil-Jabar, with her.
2. Learned counsel for the petitioner in support of this petition contends that the petitioner is an innocent person and has wrongly been involved in this case; there is a delay of 8 days in lodging the FIR without any plausible explanation; there is no sign of any violence on the part of alleged victim/abductce; the co-accused Mst. Hanifan Bibi has been declared innocent during the investigation; the other co-accused Imran Haider has been granted post arrest bail on 02.09.2010 by this Court and, as such, on the principle of consistency, the petitioner is also entitled for concession of bail; the petitioner is minor aged about 15 years and his case followed by Juvenile Justice System Ordinance, 2000 deserves for concession of bail; the petitioner is previous non- convict and non-record holder; the prosecution story is not believable and the case of the petitioner is.of further inquiry within the ambit of sub-section (2) of Section 497 Cr.P.C. and as such, in view of the above submissions, the petitioner is entitled for the grant of post arrest bail.
3. On the other hand, learned DPG while opposing the bail petition submits that the petitioner is nominated in the FIR with specific role and the statement of victim confirms the allegation against the petitioner, therefore, the petitioner is not entitled for the concession of bail after arrest.
4. Heard, record perused.
5. The petitioner no doubt is nominated in the FIR but as per contents of the FIR, the other accused Imran Haider son of Khadim Hussain on the first day committed Zina with the victim who has been enlarged bail after arrest by this Court and on the second day the petitioner committed the offence of Zina. As per the version in the FIR it is no-where mentioned how father and uncle of the victim came to know that the abductee is at Lahore and under the custody of the petitioner and his co-accused. It is also proved during the investigation that there is no sign of violence on the body of the victim. DNA report also found dubious. From the foregoing circumstances of the case, it is evident that the case of the petitioner is one of further inquiry calling further probe into his guilt within the ambit of sub-section (2) of Section 497 Code of Criminal Procedure. Without commenting much on the merits of the case lest it prejudice the case of either party and keeping in view the rule of consistency, this petition for the grant of post arrest bail is allowed. The petitioner shall be released on bail subject to furnishing bail bond in the sum of Rs, 100,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the learned trial Court.