The petitioners seek post-arrest bail in case registered vide No.32/2019 dated 15.01.2019, under Section 366-A, P.P.C., at Police Station Sadar Farooqabad, Sheikhupura.
2. Allegation, against the petitioners is that of procuration of minor girl.
3.. After hearing the learned counsel for the parties and perusing the record, it was noticed that the occurrence took place on 14.01.2019 and the incident was reported on 15.01.2019 with unexplained delay of about 21 hours. No recovery was effected from the petitioners. They have not been attributed any overt act leading towards commission of the crime. Even according to the medical report there was no attempt of rape. During the investigation statement of Adil son of Jameel was not reduced, into writing. This would be a moot question for the learned trial Court to adjudge after recording evidence at trial if Section 366-A, P.P.C. is attracted in this case, thus, question regarding culpability of the petitioners requires serious consideration. The speedy trial is the right of the accused and nobody can be detained in jail by way of advance punishment. The petitioners are in jail since their arrest and their long incarceration would, not serve any purpose to the prosecution, in particular , when the investigation is complete. The case of the petitioners, in the circumstances, needs thorough probe within the meaning of Section 497(2), Cr .P.C.
4. For the foregoing reasons, the application is accepted and the petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/- each with one surety in the like amount to the satisfaction of learned trial Court/duty judge.