SHEHRAM SAR WAR CH., J.---Ghulam Muhammad, petitioner seeks post arrest bail in case FIR No.1965 dated 13.01.2019 of fence under sections 376, 452 and 506, P .P.C. registered at Police Station Hanjarwal District Lahore.
2. Precisely , the prosecution story as set out in the FIR is that the petitioner forcibly committed rape with Mst.
Nasreen Akhtar complainant.
3. Heard. Record perused .
4. The concise allegation against the petitioner is that he committed rape with the complainant. She was medically examined on 14.10.2019 and as per medico-legal report, no tears, lacerations bruises or abrasions were found around her private parts. Learned Law Officer under instructions and after perusal of record has apprised that the petitioner has sent certain amounts from Saudi Arabia in years 2014 to 2016 to the complainant, duly received by her and as claimed by petitioner , he contracted marriage with the complainant but no opinion in this regard was given by the investigating officer. The receipts showing receiving of cash amounts are available on the police file.
The petitioner is behind the bars since 24.10.2019 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
5. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of subsection
(2) of section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs.1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfactio n of learned trial court. Before parting with this order , it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial court in any manner , whatsoever .