Two separate post arrest bail applications, Crl. Misc. No, 18544-B/2012 moved by accused Mst.
Abida Bibi and Mst. Chheema Dogri and Crl.Misc. No, 18564-B/2012 moved by Mst. Saba Bibi, shall be decided through this single/composite order, as both arise from case-FIR No, 740/2012 dated 13.12.2012 registered for offences under Section 371-A, 371-B and 376, PPC at Police Station, Ellah Abad (Kasur).
2. Precisely, the prosecution case as set-up in the FIR by Asif All S.I. is that, he along with fellow- police-officials, on receipt of a spy information, conducted raid on a brothel, being run by Mst.
Chheema Dogri (petitioner) and found Mst. Abida Bibi (petitioner) and Mst. Saba Bibi (petitioner) committing zina with their male partners, and they admitted their guilt after having been overpowered by the police.
3. Learned counsel for the petitioners, submit in unison that there exists no incriminating material on the record to connect the petitioners with the commission of offence; the accused-petitioners' case calls for further probe into their- guilt, hence, they may be released on bail.
4. On the contrary, learned Addl: Prosecutor General Punjab opposes with the contention that the petitioners are engaged in an act of immorality, which does not call for any leniency. The learned Law Officer, however, complains of the incompetence and carelessness of the investigating officer.
5. After hearing learned counsel for the parties and perusing the record, it is observed that the investigating officer failed to collect any evidence during the course of investigation, as to the allegation of selling or buying of a female for the purpose of prostitution, nor he associated any local inhabitant with the investigation so as to bring some independent evidence on the record.
The clothes of the petitioners or that of their co-accused were not taken into possession by the investigating officer despite a categorical allegation in the FIR that the accused-petitioners and their co-accused were engaged in sexual intercourse at the time of raid, conducted by the police.
Learned Addl: Prosecutor General Punjab, after having gone through the police record, submits that the investigating officer has conducted the investigation of this case in a casual and non-serious- way and except for re-producing in-verbatim the story of FIR, in the statements of three witnesses under Section 161, Cr.P.C., did not collect any other evidence which might corroborate the story of FIR in a plausible or cogent manner. Would it be a case of fornication or the one, as alleged in the FIR, is a question which shall be dealt with by the trial Court, after recording evidence of the parties at trial. In absence of any corroboratory/plausible evidence, an element of dubiousness is attached with the allegation of running a prostitution-den by Mst. Chheema Dogri accused/petitioner, which renders the petitioners' case, one of further inquiry, as contemplated under Section 497(2), Cr.P.C.
6. For the foregoing reasons, both the applications, as noted above, are accepted and petitioners are admitted to post-arrest-bail subject to furnishing bail bonds in the sum of Rs, 2,00,000/- each with two sureties each in the like amount to the satisfaction of learned trial Court.