' The petitioner seeks grant of bail in case F.I.R. No,83 of 1999 dated 11-3-1999 registered under section 354/452, P.P.C. At Police Station Shah Jamal, District Muzaffargarh.
2. The precise allegation levelled in the F.I.R. Is that the petitioner outraged the modesty of complainant's mother by catching hold her breast during the night between 10/11-3-1999 after criminally trespassing into her house situated in the area of Mauza Maitla, Police Station Shah Jamal. Statedly the petitioner was apprehended at the spot.
3. Learned counsel for the petitioner submits that bare perusal of the F.I.R. Does not attract the ingredients of section 452, P.P.C. And that the offence under section 354, P.P.C. Allegedly committed by the petitioner does not fall within the Prohibitory Clause of section 497, Cr.P.C. And he is entitled to the concession of bail as a rule. Conversely learned counsel for the State has vehemently opposed the grant of bail.
4. I have heard the learned counsel for the parties and perused the record.
5. The precise allegation against the petitioner is that on the night between 10/11-31999 he trespassed into the house of the petitioner, caught hold of his mother from her breast, and thus, had committed an offence of outraging the modesty of a woman. Since the offence i,e, outraging the modesty of a woman is punishable under section 354, P.P.C. And the same is a bailable offence, the petitioner is entitled for bail in this offence as of right. As far section 452, P.P.C. i,e, the house trespass after preparation to commit the offence is concerned, prima facie it is difficult to say that ingredients of section 452, P.P.C. Are attracted. Even otherwise this offence is punishable with seven years' R.I. Which does not fall within the Prohibitory Clause of section 497, Cr.P.C. And grant of bail in such-like cases is a rule. Reliance is placed on Tariq Bashir and 5 others v. The State PLD 1995 SC 34.
Accordingly the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties in the like amount to the satisfaction of the learned trial Court.