Through this petition filed under Section 497, Cr.P.C., the petitioner , namely Akhtar Hussain is seeking post-arrest bail in the case FIR No. 191 of 2019, dated 27.04.2019, registered at Police Station Karor , District Layyah, in respect of of fences under . Sections 376 and 365-B, PPC.
2. The allegation as against the petitioner , namely Akhtar Hussain, culled from the evidentiary material produced before the Court, is that he committed rape with Mst. Shazia Bibi, daughter of the complainant.
3. I have heard the learned counsels for, the parties and have gone through the record of this case with their able assistance.
4 This is bail after arrest and only tentative assessment is permissible at this stage . The allegation of rape alleged against the petitioner requires further inquiry and probe keeping in view the medico legal examination of the victim namely Mst. Shazia Bibi, conducted by the Lady Doctor. No marks of violence were present on any part of the body of victim, namely Mst. Shazia Bibi, at the time of her examination by the Medical Officer. The Medical Officer did not observe any tears, lacerations, abrasions, swelling or bruises around the private parts and on the whole body . It was further observed by the Medical Officer that hymen of the victim namely Mst. Shazia Bibi was intact according to the medico legal examination report and the Lady Doctor did not observe any fresh tear of the hymen. Report of the Punjab Forensic Science Agency , Lahore, regarding Forensic DNA analysis and serology analysis also reveals that although spermatozoa were identified as being present on the vaginal swabs relating to Mst. Shazia Bibi but no analysis were conducted and, hence, the said report is of no corroboration regarding the allegations as leveled against the petitioner . The Women Medica l Officer, who had examined the victim, namely Mst. Shazia Bibi gave her final opinion as regard to the examination of the victim as under: "According to the examination conducted after time of incident, when victim presented at hospital, no sign of penetration like abrasion, laceration, tearing of hymen or vaginal bleeding were found."
This also prima facie makes the case against the petitioner one of further inquiry and probe, which can only be undertaken by the trial Court as the Medical evidence available on record does not, prima facie , corroborate the allegations leveled against the petitioner . Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner was arrested in this case on 26.05.2019 and since then he is behind the bars. The petitioner is a previous non-convict. The investigation qua him is complete and his person is no more required for further investigation, therefore, his continued incarceration would not serve any beneficial purpose at this stage.
5. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of Section 497, Cr.P.C. Liability of petitioner for the said offence would be determined by the learned trial Court after sifting the evidentiary worth of the material produced before the same. Till then, case of the petitioner would be within the domain of Section 497(2), Cr.P.C. calling for further inquiry into the petitioner's guilt. The petition in hand is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.500,000/- (rupees five hundred thousand only) with two sureties each, . in the like amount, to the satisfaction of learned trial Court.
6. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court. Additionally , a direction is issued to the learned trial Court to conclude the trial of the petitioner expeditiously , preferably within a period of one month from the receipt of copy of this order . It is made clear that if the petitioner or any person acting on his behalf causes delay in the conclusion of the trial then the trial Court shall be at liberty to cancel the bail of the petitioner in accordance with law .