1. The petitioners are accused in case F.I.R. No.133 registered at police station Qureshi, District Muzaffargarh, under section 10 of Ordinance VII of 1979 and under section 342 P.P.C. On 29-8-1988.
2. The allegations in the F.I.R. Are that Bashir Ahmed and Muhammad Adam petitioners on 28-8-1988 at about 8 p.m. Went to the house of Riaz Hussain complainant at village Gujrat and told him that his father-in-law, who was Chowkidar in Middle School, Chanwala had become seriously ill and they had come to take them to him. On the receipt of this message the complainant and his wife Mst. Razia accompanied them to Chanwala on a tractor, which they had brought, and on their way when they reached near Chanwala, they took the tractor to the cattle-shed of Ghulam Hassan petitioner where they overpowered the complainant and committed 'Zina-bil-jabar' with Mst. Razia.
3. In the morning' Noor Muhammad and Murid Hussain of village Gujrat happened to reach there A and they rescued the complainant and his wife and after returning to the village and taking Yar Muhammad Khan, a member of Union Council with them reported the matter to the police at Head Kalon where the Thanedar was present.
4. It is argued on behalf of the petitioners that report was not lodged at police station but at a place sufficiently away from it. According to the learned counsel there was inordinate delay of 22 hours in the registration of the case, without any explanation therefor. He submits that as per medico-legal report, there was no injury on the person of Mst. Razia and there were minor injuries on the person of complainant but there was no mention of these injuries in the F.I.R., nor did the police note down any injury on his person in the police proceedings. It is urged that not even a single witness has been cited from the village Chanwala, where the occurrence allegedly took place, and as it appears from the order of the learned Sessions Judge, dated 12-3-1989, the investigating officer till then had not recorded the statements of Noor Muhammad and Mureed Hussain P.W.s and later the police in collusion with the complainant party inserted their statements, recorded under section 161, Cr.P.C. In the case diary. With reference to the contents of F.I.R. The learned counsel points out that one Allah Bakhsh was mentioned as accused and the name of Muhammad Aslam petitioner was later inserted in the subsequently prepared F.I.R. It is contended that the complainant is in the habit of making similar false allegations and in the year 1986 he had implicated three persons in a similar case which was ultimately found false. Finally, it is urged that Mst. Razia, Noor Muhammad and Mureed Hussain had filed sworn affidavits in the Court of Additional Sessions Judge but when he called them, they all disowned their affidavits on the plea that their thumb-impressions had been obtained under compulsion.
5. The application has been opposed on behalf of the State on the ground that there was no delay in lodging the F.I.R. Nor there was any defect in reporting the matter to the police at a place other than the police station. It is submitted that the vaginal swabs of Mst. Razia taken at the time of her medical examination were found to be stained with semen on chemical analysis, which is a corroborative piece of evidence. According to the learned Assistant Advocate General, the complainant himself is an eye-witness who suffered some injuries when he was subjected to violence during the course of his illegal confinement.
6. There is some confusion about the name of Muhammad Aslam petitioner and to that extent, it appears to be a case of further inquiry. He is, therefore, granted bail if he furnishes bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Muzaffargarh. As regards Ghulam Hassan and Bashir Ahmad petitioners, their bail application is rejected as the allegations against them are of serious nature and there is sufficient reason to believe their participation in the occurrence in the manner alleged by the prosecution.
7. S.A./G-270/L