' JAMES JOSEPH. J, -- Petitioner Allah Rakha seeks pos-arrest bail in case F.i.R. No, 7/2013, dated 07.02.2014 under Section 365-B P.P.C. Registered at P.S. Gulgasht District Multan
2. Precsely the prosecution story as unfolded in the F.I.R. Is that niece of the complainant was abducted by the petitioner aiongwith one Fehlwan and Mst. Kanez Mai with the help of two un- known persons for the purpose of committing rape with her.
3. I have heard the learned counsel for the parties and perused the record.
4. There is delay of 09 days in lodging of the F.I.R. Which has not been explained. After her coming back from the clutches of the assailants, she appeared before the medical officer for her medical examination and the medical officer did not observe any marks of violence or injury on any part of her body including the private parts. The Medical Officer further observed that vagina admits two fingers easily, hymen torn old and healed due to the above reason the Lady Doctor could not reach the final result about the commission of zina with the victim. The final opinion of the Medical Officer regarding the commission of rape with the alleged victim is not on the file tili to-date. Learned DPG has frankly conceded that according to the result of investigation the 1.0. Has opined that the complainant not produced any Solid evidence regarding the involvement of the petitioner in the present occurrence Co-accused , with the similar allegation, has been innocent and has been released on bail vide order dated 02.03.2014 which has not been challenged so-far. Reliance is placed and the case of "Rafique Ahmad v. The State and wherein it was held as under:- ' After conducting medical examination on the person of Mst. Fatima Bibi complainant, did not give any opinion regarding commission of rape with her, rather, same was postponed till the receipt of report of chemical examiner as well as report of DNA test."
5. Though the petitioner remained fugitive from law for a sufficient time but mere absconsion is no ground to withheld the concession of bail as held in the case of "Ehsan Ullah v. The State" (2012 S.C.M.R. 1137) wherein it was held by the apex Court as follows:--- "It is settled law that in a case calling for further inquiry into the guilt of an accused person, bail is to be allowed to him as of right and not by way of grace on concession and in such a case mere absconsion of the relevant accused person may not be sufficient to refuse bail to him."
6. In view of the above, the matter to the extent of petitioner has become one of further inquiry.
Resultantly this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs, 200,000/- (Rupee two lac only) with one surety in the like amount to the satisfaction of learned Trial Court.
7. It is pertinent to mention here that the observations made supra are tentative in nature. Bail after arrest granted.