' The petitioner is accused of attempting to commit rape one Mst. Noor Bibi, vide F.I.R. No,464, dated 13-9-1998 registered at Police Station Harappa, District Sahiwal. Successive bail applications filed by the petitioner have been dismissed by a learned Additional Sessions Judge, Sahiwal.
2. Learned counsel for the petitioner argues that there is an unexplained delay of three days in the lodging of the F.I.R., and the prosecution story as narrated in the F.I.R., is also not convincing. The petitioner is confined in the judicial lock-up for the last more than ten months. The case is stated to have been fabricated out of enmity and for ulterior motive. Learned counsel further contends that Khuda Bakhsh one of the persons named as witnesses in the F.I.R., is not supporting the prosecution story and a certified copy of his affidavit has been placed on the record. Learned counsel for the State opposes the application.
3. I have gone through the records. Prima facie the contention of the learned counsel' for the petitioner are borne out from the same. The investigation is complete and the person of the petitioner is not required by the police for any purpose. Learned counsel has also drawn my attention to the cases of Muhammad Iqbal and another v. The State (1984 PCr.LJ 2445), Muhammad Hussain v. Muhammad Yar and another (1984 SCM R 1067) and Muhammad Yunus v.
The State (1989 PCr.LJ 799), where in the similar circumstances the accused persons were admitted to bail. In this view of the matter, I admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of the learned Trial Court/Judicial Magistrate concerned.