' MANZOOR AHMAD MALIK, J.---The petitioner seeks bail after arrest in case FIR No, 152 of 2015 dated 07.04.2015, offence under sections 376, 511, 451, P.P.C., registered at Police Station Saddar, District Bahawalnagar.
2. Precise allegation against the petitioner, as per the FIR, is that he along with his co-accused Ijaz in the midnight of 4/5-04-2015, entered the house of the complainant and put a pistol on her head.
The petitioner started committing rape with the complainant Mst. Asma Bibi against her will, whereas his co-accused Ijaz stood at watch while carrying a pistol.
3. After hearing the learned counsel for the petitioner, learned Law Officer and perusing the available record with their assistance, it has been observed by us that the alleged occurrence took place in the midnight of 4/5-4-2015, whereas the FIR was lodged on 07.04.20.15 at 4.35 p.m. And the medical examination of the complainant-victim was conducted on 07.04.2015 at 6.27 p.m. i,e. After a delay of about three days. The DNA test report is also not positive. It has been confirmed by the learned Law Officer, on instructions, that the co-accused of the petitioner namely Ijaz has been declared innocent by the police. In these circumstances, the case against the petitioner calls for further inquiry within the ambit of subsection (2) of section 497, Code of Criminal Procedure.
Petitioner is behind the bars since 18.11.2015. No useful purpose shall be served by keeping him behind the bars for an indefinite period.
4. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Petitioner Muhammad Tanvir is admitted to bail (in the instant FIR) subject to furnishing his bail bond in the sum of Rs,100,000/- (Rupees one hundred thousand only), with one surety, in the like amount, to the satisfaction of the learned trial Court.