This is an application for bail before arrest on behalf of Nazir Ahmad and Asif Shahzad in case FIR No, 257/2017, dated 26.07.2017, under Sections 496-A, 376, PPC, registered at Police Station, Chobara, District Layyah.
2. Precisely stated the case of the prosecution as unfolded from the FIR is to the effect that on the intervening night of 18-19 July, 2017, the petitioners and their co-accused entered into the house of the complainant and not only abducted Saira Bibi (complainant) but also took away certain gold ornaments with them.
3. It is contended on behalf of the petitioners that they are innocent in the instant case and have falsely been implicated with mala fide and ulterior motives; that there is a delay of about 7/8 days in the registration of FIR, which is not been explained in any manner, that the accusation incorporated in the crime report stands negated from the statement of the victim recorded before the Magistrate; that the Medico Legal Examination Certificate of the victim provides no support to the allegation incorporated in the crime report; that even otherwise, the Petitioners No, 1 and 3 are not burdened with the allegation of rape. With these submissions, learned counsel prayed for grant of pre-arrest bail to the Petitioners No, 1 and 3.
4. Learned Law Officer assisted by the learned counsel for the complainant has strongly opposed the grant of post arrest bail by submitting that the petitioners are specifically nominated in the crime report and are alleged to have actively participated in the abduction of the victim; that the material so far collected during the investigation, reasonably connect the petitioners with the commission of crime; that keeping in view the limited scope of pre-arresl bail, petitioners are not entitled to the concession of such an extraordinary concession of pre-arrest bail.
5. Arguments heard; record perused.
6. It divulges from the perusal of the record that the occurrence which gave rise to the instant case, took place on the intervening night of 18-19 of July, 2017, whereas the occurrence was reported to the police on 26.07.2017 at about 02:35 p.m. Such aspect of the matter is suggestive of the fact that there is a delay of about 7 days in reporting the matter to police. It further reflects from the record of the case that neither in the crime report nor in the statement of the witnesses recorded under Section 161, Cr.P.C., no explanation is offered for such delay in the registration of FIR.
7. It is further unveiled from the record that according to the allegation incorporated in the FIR, the occurrence took place on the intervening night of 18-19 of July, 2017. However, it spells out from the record that in the working hours of 18.07.2017, Saira Bibi (complainant/victim) appeared before the learned Area Magistrate of Police Station Choubara, District Layyah and submitted an application praying therein that she be lodged in Darul-Aman. It is revealed from the perusal of the application that all the reasons, which derived the complainant to make such a request are attributable to her husband namely Muhammad Irfan. On the basis of this application, learned Area Magistrate proceeded to pass an order to lodge the complainant (Saira Bibi) in Darul-Aman on the same day.
Now the question arises that when Saira Bibi was ordered to be lodged in Darul-Aman by the learned Area Magistrate in the working hours of 18.07.201.7 then how she was abducted on the following night. This question remained unanswered even from the perusal of the record as well as from the arguments advanced by the learned counsel for the complainant.
8. It is further disclosed from the record of the case that Saira Bibi remained lodged in Darul-Aman till 20.07.2017 and was released therefrom on an application moved by her parents. Neither on 18.07.2017 nor on 20.07.2017, Saira Bibi voiced any word about the occurrence, the detail of which stands incorporated in the instant crime report.
9. So far as the allegation of rape is concerned, it evinces from her statement recorded under Section 164, Cr.P.C. that she has not burdened the petitioners with the allegation of having committed such act. Even otherwise, the perusal of her Medico Legal Examination Certificate unfolds that it provides no support to the allegation of rape.
10. There is no cavil to the proposition that scope of pre-arrest bail is limited to the extent of cases in which an accused stands implicated on account of mala fide and ulterior motives.
However, it is equally correct that in order to deprive a person from the concession of pre-arrest bail, the prosecution has to make out a prima facie case against him. In the instant case, the facts and circumstances suggest the need of further inquiry and probe. Hence, I am inclined to extend the concession of bail before arrest to the Petitioners No, 1 and 3.
11.For what has been discussed above, the instant petition is allowed and the interim pre-arrest bail already granted to Petitioners No, 1 and 3 (Nazir Ahmad and Asif Shehzad, respectively) vide order dated 27.09.2017 is hereby confirmed subject to their furnishing of bail bonds in the sum of Rs, 1,00,000/- each with two sureties each in the like amount to the satisfaction of learned trial Court.
So far as Petitioner No, 2 (Shah Jehan) is concerned, the instant petition was withdrawn to his extent on account of declaration of innocence pronounced by the Investigating Officer on 29.11.2017.