Fayyaz Hussain, petitioner has sought post arrest bail in case registered vide FIR No. 31 dated 20.1.2017 under Section 376(i), PPC registered at Police Station Chowk Azam, District Layyah.
2. Allegedly, the petitioner committed rape with Mst. Sofia, the victim.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was unexplained delay of about thirty two hours in lodging the FIR. The co-accused of the petitioner, namely, Muhammad Saleem was found innocent during the investigation which reflects against the prosecution story. No mark of violence on the private parts was observed during the medical examination of the victim. A Photostat copy of the affidavit of the complainant and Fazal Abbas is available on the record which reflects that nomination of co-accused of the petitioner, namely, Muhammad Saleem in this case was a result of sheer misunderstanding and thus, his involvement in this occurrence was not confirmed and he was found innocent. During the investigation nothing has been recovered from the petitioner. The opinion of the Medical Officer is subject to the report of Punjab Forensic Science Agency which is still awaited. The petitioner is behind the bars since his arrest and his continuous detention in the circumstances would be unfair.
Ref: "Mustafa v. State & another" (PLJ 2012 Cr.C. (Lahore) 787) and "Shah Nawaz v. The State" (2016 P.Cr.R 211). The petitioner has got no previous record, and thus, would be believed as first offender.
The case of the petitioner needs thorough probe in the circumstances, within the meaning of Section 497(2), Cr,P.C, thus, I am inclined to exercise my discretion in his favour.
4. For what has been discussed above, the application is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge.