' Munsaf Khan alias Kala is accused of making attempt to commit rape with Mst. Salma with the help of his co-accused Khadim on 12-1-1986 at 5-30 p.m., in the vicinity of Qasba Arifwala.
2. According to prosecutrix Mst. Salma (complainant) she was returning after uprooting potatoes from the field and when she was passing near Ghaffar Town the petitioner as well as his co- accused Khadim who was armed with Chhuri confronted her and tried to drag her in the nearby vacant Ahata for committing rape with her. In the process her string of Shalwar was broken. When she resisted Khadim caused an injury with Chhuri on her nose while the petitioner bit on her cheek.
Meanwhile the witnesses, namely, Muhammad Hassan and Siddiq were attracted. Seeing them drawing near the petitioner as well as his co-accused decamped. Mst. Salma lodged report with Arifwala police the same day (12-1-1986) at 7-30 p.m. She was medically examined on 12-1-1986 at 7 p.m., and two injuries, one incised wound on her nose and the other on her left jaw were found of the duration of 2/3 hours. During the investigation the petitioner was arrested on 20-1-1986. The challan has since been put in Court for trial. Having remained unsuccessful in the lower Court the petitioner has approached this Court for the grant of bail.
3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
4. Only an allegation of attempt to commit rape has been levelled against the petitioner who is in jail for the last 5 months. He allegedly bit on the cheek of the prosecutrix. Whether injury on her left jaw (which is not circular in shape) has been caused with some sharp-edged weapon or is the result of teeth bite has yet to be established. In these circumstances, I feel inclined to allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs,10,000 with one surety in like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.