Through this petition, the petitioner has sought for his post arrest bail in case FIR No 321/2012, dated 18.04.2012, offence under Section 376, PPC, registered with Police Station, City, Chiniot.
2. Allegation against the petitioner, in brief, as per contents of the FIR is that on 18.04.2012 at 2:00 p.m. he committed Zina-bil-Jabar with the complainant on gun point.
3. Learned counsel for the petitioner submits that the petitioner has falsely been roped in the instant case by the complainant against the actual facts and circumstances with ulterior motives.
It is argued that as a matter of fact Bawa Hayat Shah, who is issueless has adopted the petitioner Mudassar son of Amir Ali. It is next argued that during the course of investigation it transpired that Sumera Bibi, the alleged victim of this case was in fact hired by Saqlain Shah, with whom civil litigation of Bawa. Hayat Shah is pending, just to fabricate the case against the petitioner in order to teach a lesson to Bawa Hayat Shah. It is contended that medico legal report of the victim reflects that the Medical Officer gave opinion on the very first day of the examination of the victim that she is used to sexual intercourse. Learned counsel further contends that despite of elapse of four months of the registration of the case, the report of the chemical examiner is still awaited and in such circumstances it cannot be ascertained that whether the swabs were stained with semen or otherwise and, such circumstances make the case against the petitioner one of further inquiry falling within the ambit of Section 497(2), Cr.P.C.
4. On the other hand, learned Deputy Prosecutor General assisted by the learned counsel for the complainant has opposed this petition. It is submitted that the petitioner is well nominated in the FIR with specific allegation of commission of zina on gun point. It is contended that though the report of the chemical examiner is not available on the record but the statement of the victim in isolation is sufficient to connect the petitioner with the commission of the offence alleged against him.
5. Arguments advanced pro and contra have been heard and available record perused.
6. Though the petitioner is named in the crime report, but the manner of occurrence as narrated in the FIR do not appeal to reason. Bawa Hayat Shah has adopted the petitioner as son and normally it is out of question that a father who has adopted the petitioner as a son would allow him to commit zina and mother would be instrumental in taking away the victim at the relevant time.
Keeping in view the medico legal report as well as the opinion of the Investigating Officer that in fact Saqlain Shah who was instrumental in arranging the whole fabricated story while paying price to Sumera Bibi to lodge the frivolous case, possibility of false implication of the petitioner in the instant case cannot be ruled out. Moreover, report of the chemical examiner is still awaited. Such circumstances make the case against the petitioner one of further inquiry falling within the ambit of Section 497(2), Cr.P.C. Moreover, the petitioner is stated to be previous non convict/non record holder and behind the bars since the date of his arrest and investigation being complete, his person is no more required by the police.
7. For the foregoing reasons I am of the considered view that sufficient grounds exit to enlarge the petitioner on post-arrest bail. Resultantly, the instant petition is accepted and the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of learned trial Court.