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K.L.R. 2013 Criminal Cases 43

Muhammad Aslam vs The State, Etc.

CitationK.L.R. 2013 Criminal Cases 43
CourtLahore High Court
Case No.Criminal Miscellaneous No. 2320-B of 2012
Date2012-07-26
Judge(s)Ali Baqar Najafi
ResultBail after arrest refused.

ORDER ALI BAQAR NAJAFI, J. - The petitioner, through this petition, seeks post-arrest bail in case F.I.R.

No. 514, dated 21.10.2011 under Sections 376/380 of the Pakistan Penal Code, 1860, registered at Police Station Luddon District Vehari.

2. Precise allegation against the petitioner is that he alongwith his co-accused has committed rape with the complainant and also committed theft.

3.. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case; that the petitioner has been exonerated to the extent of theft; that the petitioner is in the judicial lock-up since 23.11.2011 and is no more required for the purpose of investigation; that there is an unexplained delay of 17 days in lodging the F.I.R, hence the petitioner is entitled to the concession of bail.

4. Conversely, the learned D.P.G, assisted by the learned counsel for the complainant has vehemently opposed the prayer for grant of bail by submitting that the witnesses in their statements recorded under Section 161, Cr.P.C, have fully implicated the petitioner in the offence; that charge has been framed and there is every likelihood of conclusion of trial in the near future; and that conduct of the petitioner before the learned Addl. Sessions Judge was contumacious, hence the petitioner is not entitled to the concession of bail.

5. I have heard the learned counsel for the parties and perused the available record.

6. At this stage the medico-legal report coupled with the statement of the complainant/prosecutrix fully implicate the petitioner for committing Zina-bil-Jabr. There exist reasonable grounds to believe that the petitioner is connected with the alleged crime. The petitioner has failed to make out a case for bail.

7. For what has been discussed above this petition being without merit is dismissed.

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