SALAHUDDIN PANHWAR, J.--Aijaz Ahmed Shaikh, SSP Umerkot files his reply to show-cause notice, taken on record. Perused and found' satisfactory. Accordingly, show-cause notice issued in terms of order dated 15.07.2019 is hereby recalled.
2. Through instant bail application, applicants seek post-arrest bail in Crime No.04/2019, under sections 376 and 34, P.P.C., registered at Police Station Taluka UmerKot.
3. As per FIR, allegations against the Applicants are that on 04.02.2019 at about 1200 hours inside Devi Jungle, situated at .the land of Haji Haut Khan Babar, Taluka Umer Kot, Applicants Chelo and Herchand while making daughter of complainant namely Mst. Assoo, facilitated co-accused Saleem to commit rape upon the victim.
4. At the outset, learned' counsel for the applicants contends that main allegation is against accused Saleem Babar whereas it is alleged that applicants extended pressure to the victim for completion of offence. Such aspect is yet to be determined by the trial court hence applicants are entitled for bail.
5. Learned A.P.G. affirms the factual aspect that both the applicants' role is that of alleged help of the main accused.
6. Perusal of the FIR reflects that accused Saleem Babar committed rape with victim whereas applicants were standing there. On her cries, witnesses reached there because of which accused persons escaped. The applicants / accused have, prima facie, not been alleged to have actively played any role in commission of the offence but their alleged presence has been claimed as facilitation. As per FIR itself the victim despite alleged force of the applicants I accused was in a position to attract people by making cries which she did and in consequence to such attraction the applicants/accused did nothing but preferred to escape away. All these, prima facie, aspects reflecting from the FIR themselves make the allegation of providing facilitation as one of further probe. In the case of Aamir Bashir v. State 2017 SCMR 2060 the honourable Apex Court reaffirmed guiding and binding principle in deciding bail pleas as:-
7. This Court in the case of Khalid Javed Gillan v. State (PLD 1978 SC 256) has laid down guiding and binding principles which may be cited as follows: i. That while deciding bail petitions only tentative assessment of the material and facts available on record is to be made and deeper appreciation of the same shall be avoided; ii. That any fact which may not be sufficient to cast doubt of absolute nature on the prosecution case but equally sufficient to be considered for grant of bail, cannot be lightly ignored; Even otherwise, question of sharing common intention is normally considered as one of further probe because the same is always dependent upon conclusion to be drawn from circumstances.
In consequence to above discussion, I am of the view that applicants / accused have made out a case for grant of bail who, otherwise, are in judicial custody and not required for any purpose of investigation. Accordingly, the applicants are admitted to post arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial court.