Through this application the petitioner seeks post-arrest bail in case FIR No, 468/2018 dated 20.10.2018 registered at Police Station Shaher Sultan, District Muzaf fargarh, for of fences under Sections 376/51 1, PPC.
2. Briefly , the allegation against the petitioner is that on 20.10.2018 at about 09:30 a.m. the Complainant and his daughter Aneela Mai were working in the fields when the petitioner suddenly came. He dragged Aneela Mai into nearby sugarcane fields and attempted to rape her. Aneela Mai raised alarm which attracted PWs Muhammad Tariq and Muhammad Sharif at the sight. On seeing them the petitioner fled from the scene.
3. Arguments heard. Record perused.
4. It is by now well settled that the intention, preparation, attempt and completion of an act are the essential components of an offence. In the criminal administration of justice an "attempt" is a distinct offence which is completed if in consequence of the preparation an overt act is taken to commit an offence. In "Asghar Ali v. State through. Deputy Collector of Customs, Pakistan Coast Guard, Karachi" (PLD 2003 SC 250), the Hon'ble Supreme Court of Pakistan held that "the preparation to commit an offence is, devising or arranging the means and measures which are necessary to commi t the crime but the decision of this mixed question of law and fact always depends upon the circumstances of each case. In short, the attempt to commit an offence is taking of step to do something which if is done is a criminal offence and if the act is consequence of such steps does not amount to a criminal offence, it is not an attempt. The mere preparation to commit an offence is different from an attempt to commit such an offence and the attempt is only completed when its three essential ingredients, firstly the intention, secondly , the preparation and the thirdly the taking of a deliberate overt act, are available but before reaching the third stage, the attempt to commit an offence remains incomplete. The intention or preparation to commit the crime if are followed by a physical step for performance of an act towards the commission of the crime is an attempt but it is not an attempt if the offender after the preparation, fails to consummate commission of offence because of the circumstances beyond his control ".
5. In the present case as per contents of the FIR and the statements of the witnesses, the petitioner had only dragged Aneela Mai into the sugarcane fields when the witnesses arrived at the scene D and he fled away . It, therefore, requires further inquiry to determine as to whether the case would fall within the ambit of Section 354, PPC or Section 376/51 1, PPC. If it is held to be a case of preparation, the petitioner can be sentenced only under Section 354, PPC to a maximum sentence of two years R.I.
6. The petitioner is behind the bars since 24-10-2018. Police have completed their investigation and do not require him for further probe. Since his trial is not likely to be concluded in the foreseeable future, his continuous incarceration would not serve any useful' purpose.
7. For the foregoing reasons, this petition is allowed and the petitioner is admitted to post-arr est bail subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.