SHAHID NAWAZ vs The STATE and anothers
This petition for post-arrest bail arises from F.I.R. No. 218, dated 30-10-2013, registered under Section 376 of the Pakistan Penal Code 1860 at Police Station Miran Pura, District Vehari. The petitioner, a Qari at a Madrassa, was accused of committing rape against a minor girl aged approximately 5-6 years. The core legal question before the Court was whether the petitioner was entitled to the concession of post-arrest bail given the allegations and evidence on record. Upon reviewing the record, the Court observed that the petitioner was named in the F.I.R. and that the allegations were supported by medical evidence. The Court characterized the offense as heinous, noting that the petitioner allegedly fled the scene upon the arrival of witnesses. Finding sufficient prima facie evidence connecting the petitioner to the commission of the crime, the Court held that the petitioner failed to establish grounds for bail. Consequently, the petition was dismissed, reinforcing the principle that where there is strong prima facie evidence of a heinous offense, the accused is not entitled to post-arrest bail.
- Is an accused entitled to post-arrest bail when there is sufficient prima facie evidence connecting them to a heinous crime?
- Does the presence of medical evidence supporting allegations of rape constitute a ground for refusing post-arrest bail?
- Section 376, Pakistan Penal Code 1860
ORDER
' SIKANDAR ZULQARNAIN SALEEM, J.---Through this petition, Shahid Nawaz - petitioner seeks post- arrest bail in case F.I.R. No,218, dated 30-10-2013, registered under section 376, P.P.C. At Police Station Miran Pura District Vehari at the instance of Muhammad Siddique/complainant.
2. Precise allegation as penned in the F.I.R. Against the petitioner is that the petitioner committed rape with complainant's minor daughter and on seeing witnesses, he ran away from the scene, hence this petition.
3. Heard. Record perused.
4. As per available record, petitioner's name is well versed in the F.I.R. Learned counsel for the petitioner on the query of Court apropos to the allegations had remained unable to justify the false implication, as he has alleged in his petition. The act committed by the petitioner needs not to be commented as the act committed by the petitioner is such a heinous act for which language falls short of words vocabulary to condemn. The petitioner was the Qari of the Madrassa and the Muslims have had great esteem for the holy place like Masjid and Madrassa where religious education is given to the children and it is astounding that the petitioner has acted like a beast and deflowered the innocent baby girl aged about 5-6 years and on arrival of the witnesses had fled away from the scene after leaving the minor as living corpse. There is direct allegation of zina against the petitioner, which fact also finds full support from the medical evidence. Prima facie there exists sufficient evidence on the record connecting the petitioner/ accused with the commission of crime, in addition that the offence itself speaks volume qua petitioner's involvement.
In these circumstances, I am of the considered view that the petitioner has not made out a case for his enlargement on post arrest bail.
5. For what has been discussed above, I am not inclined to grant bail to the petitioner. Hence, the instant petition is dismissed.