Through this single order, I propose to dispose of instant petition filed by Muhammad Rizwann and a connected Crl. Misc. No. 3787-B of 2017 filed by Abdul Wahid Ali, both seeking their post-arrest bail in case FIR No. 338 dated 14.05.2017 in respect of offences under Sections 365(b) & 376(1), PPC registered at Police Station, Saddar Vehari.
2. Brief allegation against the petitioners as contained in the crime report is that in the intervening night of 11/12.05.2017, he along with his co-accused had abducted Mst. Rishma Bibi aged 15/16 years from her house with the intention to commit Zina-bil-Jaber with her.
3. I have heard the learned counsel for the petitioners, learned Deputy District Public Prosecutor General and have perused the record.
4. The perusal of record goes to evince that the alleged victim Mst. Rimsha Bibi had contracted marriage with Muhammad Sufyan, one of the accused persons and maternal cousin of the petitioner, out of her own free will and consent and the photocopy of computerized Nakahnama is available in the police record. Mst. Rimsha Iqbal victim was recovered on 20.05.2017 when she alongwith co-accused Sufiyan was going on a motorcycle. In her statements recorded under Section 161, Cr.P.C. before the Investigating Officer and statement under Section 164, Cr.P.C. before learned Area Magistrate, she had not levelled the allegation of rape against the present petitioners.
The petitioners have been saddled with the responsibility assisting the principal accused of abducting the victim from her house but there is a mark of difference between the statements of the victim as well as the complainant with regard to the number of accused persons. The extent of liability of the petitioners for assisting the principal accused is amenable to the learned trial Court to determine after recording the evidence. In these circumstances, the case of the petitioners calls for further inquiry into their guilt within the purview of sub-section (2) of Section 497, Cr.P.C. The petitioners are behind the bars since 16.05.2017 without any substantial progress in the trial and their further incarceration in judicial lock-up would serve no useful purpose for the prosecution. The challan has already been submitted before the learned trial Court and the petitioners are no more required for further investigation.
5. For what has been discussed above, both the petitions are allowed and the petitioners are admitted post-arrest bail subject to their furnishing bail bonds in the sum of Rs.200,000/- (rupees two lac) each with one surety each in the like amount to the satisfaction of the trial Court.