Muhammad Shafi, petitioner seeks post arrest bail in case FIR No. 112 dated 06.05.2017 offence under Sections 496-A and 376, PPC registered at Police Station Makhdoom Pur District Khanewal.
2. As per version of the prosecution in the FIR, the petitioner along with his co-accused abducted Mst. Rehana alias Razia daughter of complainant for the purpose of committing rape with her .
3. Arguments heard. Record perused.
4. According to the FIR, the alleged incident took place on 25.04.2017 whereas the case was got registered on 06.05.2017 i.e. with the delay of about eleven days, without there being any satisfactory explanation. The allegation against the petitioner is that he along with his co-accused abducted the alleged victim for the purpose of committing rape with her. No MLC of the alleged victim is available on the police file. Learned Law Officer under instructions and after perusal or record has apprised the Court that during investigation, the complainant and the alleged victim could not produce any proof with regard to the involvement of petitioner and he was found innocent, resultantly a cancellation report was submitted in this case but the same' was not agreed to by the learned Magistrate. The petitioner is behind the bars since 01.02.2021 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 sub-section
(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 .