' Amjad Shaheen petitioner seeks pre-arrest bail in a case registered against him vide FIR No. 11/2012 dated 10.01.2012 offences under Sections 376/511, PPC at Police Station Saddar Mian Channu District Khanewal.
2. According to the FIR, on the night falling between 24/25.11.2011 Amjad Shaheen petitioner who was allegedly armed with pistol along with one unknown culprit criminally tress passed into the house of the complainant and tried to commit zina bil jabr with Mst. Nasreen Bibi complainant. It has further been alleged in the FIR that petitioner and one unknown culprit caused injuries on her (complainant) person and torn her clothes. Hence, instant FIR was registered.
3. After hearing the arguments of learned counsel for the parties and learned DPG, it has been noticed that instant occurrence took place on the night falling between 24/25.11.2011 whereas the matter was reported to the police on 10.01.2012 with an extra ordinary delay of about 45 days.
Although, it was specifically alleged by the complainant that petitioner and one unknown culprit caused injuries on her person but she was not medically-examined by the lady doctor. The complainant also did not produce her torn clothes before the Investigating Officer during investigation of this case. Neither there is allegation against the petitioner that he removed Shalwar of Mst. Nasreen Bibi nor allegedly he removed his own shalwar. It has not been alleged by the complainant that petitioner mounted on her, therefore, application of offences under Sections 376/511, PPC against the petitioner requires further inquiry. On 26.06.2015 during investigation of this case, Investigating Officer came to the conclusion that there was dispute of money between the petitioner and Mst. Nasreen Bibi complainant. During investigation, Saleem son of Sameoul PW submitted an affidavit before the police that no such occurrence took place and that instant FIR has been lodged by the complainant on the basis of mala fides. In these circumstances, false involvement of the petitioner in the instant case on the basis of malafides cannot be ruled out.
4. For what has been discussed above, instant petition is accepted and ad-interim pre-arrest bail already granted to the petitioner vide order dated 21.09.2015 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 100,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.