' Muhammad Akbar, the petitioner has sought post arrest bail in case FIR No, 59 dated 25.03.2016 under Section 365-B, 376(1), 380, PPC registered at Police Station Jallah Arain, District Lodhran.
2. Allegedly the complainant reported that nominated accused abducted S4jida Bibi sister of the complainant, so that she may be seduced to illicit inter-course.
3. After hearing the learned counsel for the parties and perusing the record, it was observed:
(i) That there was unexplained delay of about two days in lodging the FIR;
(ii) That the petitioner was not nominated in the FIR;
(iii) That the complainant got recorded his supplementary statement on 12.04.2016 and nominated the petitioner, evidentiary value whereof, shall be determined by the learned trial Court, at trial;
(iv) That supplementary statement of the complainant is based on extra-judicial confession of the petitioner, which is always considered a weak type of evidence;
(v) That co-accused of the petitioner including Mst. Rani Bibi and Amna Bibi have been declared innocent during the investigation which makes the veracity of the prosecution story as doubtful;
(vi) That neither Mst. SAjida Bibi nor Mst. Rabia Bibi were recovered from, the petitioner during the investigation;
(vii) That a Photostat copy of Nikah Nama between the petitioner and Mst. Sajida Bibi is available on the record which is supported by the statement of Iftikhar Hussain secretary Union Council No, 69 Bedian, Chak No, 35 Tehsil Pattoki, District Kasur that the said nikah nama was registered in the said union council;
(viii) That the petitioner was medically examined on 23.3.16 and no date and time of incident finds mention in the medico-legal report and that no marks of violence were observed by the medical officer during examination of the victim;
(ix) That the petitioner is behind the bars since his arrest and to keep him, continuously in jail would be unfair;
(x) That there are sufficient grounds calling for further probe into the guilt of the petitioner within the meaning of Section 497(2), Cr.P.C., thus, I am inclined to exercise my discretion in his favour.
4. For the reasons mentioned above, the application is accepted and the petitioner is admitted to post arrest bail subject to furnishing bail bonds in the sum of Rs,1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge.
(R.A.)