Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.737/14 dated 17.12.2014 under section 496-A PPC, section 376 PPC was added subsequently, registered at Police Station Saddar Nankana Sahib, District Nankana Sahib.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that there is a delay of twenty nine days in the registration of FIR which has not been explained by the complainant. The alleged abductee namely Sobia Bibi got recorded her statement under section 161 Cr.P.C. in which she alleged that the petitioner alongwith his co-accused abducted her but nobody committed zina with her and she did not want to get herself medically examined. However, while recording her statement under section 164 Cr.P.C. she alleged that she was handed over to Khurram, Kiran, Komal and Sohail by the petitioner and co-accused at Lahore who kept her at different places where some unknown persons had been committing zina with her. This creates doubt in the prosecution story. Even otherwise, the alleged abductee has not levelled allegation of rape against the present petitioner. Mere heinousness of offence is no ground to refuse bail. The present petitioner is previous non-convict and never involved in any other case. He is behind the bars since 19.12.2014.
Investigation to his extent is complete and he is no more required for further investigation. His further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub-section (2) of section 497 Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.