TARIQ MEHMOOD JAHANGIRI, J.---Through the instant petition, the petition ers seek post arrest bail in case FIR No. 693, dated 25.10.2020, of fence under section 376-1 1, P.P.C., registered at Police Station Tarnol, Islamabad.
2. The complainant reported to Police Station, Tarnol on 25.10.2020 at 10:00 p.m. that on 24.10.2020 at about 12:00 noon, Ahmed, Ex-employee of her husband, came to her flat and inquired about her husband. She informed him that her husband is not at home and he left, door of her house was closed but not locked. Suddenly Ateeq entered in her flat and started kissing her, thrown her on the bed and forcibly raped her. Thereafter Shaheer entered there and he also raped her. On 25.10.2020 at day time the complainant went to UAE Embassy and at 10:00 p.m. she came to police station for reporting the matter , hence the instant FIR.
3. Learned counsel for the petitioners contend that the petitioners are innocent; they have not committed any offence; there is no direct or indirect evidence available on record against the petitioners, the petitioners are previously non-convict and are no more required for the purpose of investigation and prayed for grant of bail after arrest.
4. Learned counsel for the complainant has controverted the arguments made by the learned counsel for the petitioners and stated that the petitioners have committed a heinous crime; sufficient evidence is available against them and prayed that the petitioners are not entitled for the grant of bail after arrest.
5. Arguments advanced by the learned counsel for the petitioners, learned state counsel and learned counsel for the complainant have been heard and record has been perused with their able assistance.
6. The alleged occurrence took place on 24.10.2020 at 12:00 noon but the complainant has neither called on 15 nor informed her husband. She has also not reported the matter to police, whereas distance between the place of occurrence and police station is 11 km. Even on the next date i.e. 25.10.2020 the complainant went to police station for reporting the matter at 10:00 p.m. There is no explanation that why the incident was reported to police with an inordinate delay . The petitioners were arrested on 26.10.2020 and sent to judicial lock up on 27.10.2020 after completion of investigation.
7. Medical report dated 25.10.2020, shows that there was no sign of struggle and resistance. The specimens were taken for semen analysis and DNA detection but there is no report of DNA as well as semen analysis on record. 1.0 has informed that no statements of the neighborhood or residents of the apartments have been recorded regarding the commission of offence. Police has not recovered any blood or semen stained bed sheet etc. No evidence is collected from the place of occurrence, showing the resistance by the complainan t or use of force by petitioners.
No marks of violence were present on the body of victim. Medical officer did not observe any tenderness, swelling, abrasion, bruises etc.
8. The investigation in the case has been completed, the petitioners/accused are previously non-convict and no more required for the purpose of investigation, nothing incriminating has been recovered from them. The accused are behind the bars for the last more than 05-months, but their trial has not seen any fruitful progress as yet.
9. Mere heinousness of the offence is not sufficient to take away discretion of the Court to grant bail which is never refused as a punishment and there is no legal or moral compulsion to keep a person in jail. The ultimate conviction and incarceration of a guilty person can repair the wrong caused by mistaken relief of bail but no satisfactory reparation can be of fered to the accused for his unjustified incarceration if he is acquitted ultimately .
10. A tentative assessment of record shows that present petitioners have made out a case of further inquiry as envisaged under F section 497(2), Cr .P.C.
11. In view of above, the instant petition is accepted and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs. 100,000/- (Rupees One Hundred Thousand only) with two sureties each in the like amount to the satisfaction of learned trial Court.
12. Needless to mention that, this is a tentative assessment which shall not af fect the trial of case in any manner .