ALTAF HUSSAIN alias ATTI vs STATE and another
This matter comes before the Lahore High Court upon a petition for post-arrest bail filed by Altaf Hussain alias Atti, who was booked under Sections 376 and 511 of the Pakistan Penal Code 1860 in case FIR No. 495 registered at Police Station Jalalpur Pir Wala, District Multan, for allegedly attempting to molest the modesty of the complainant's daughter. The core legal question concerns whether the petitioner makes out a case for further inquiry and post-arrest bail based on evidentiary gaps in the prosecution's case. The court decides to accept the bail petition, holding that the petitioner is entitled to post-arrest bail. The key principles laid down include that the unexplained delay in lodging the FIR, the failure to produce the victim for a medical examination, and the non-production of the alleged torn clothes before the investigating officer cast serious doubt on the prosecution's case, warranting the grant of bail pending trial.
- Does an unexplained delay of four days in lodging an FIR cast serious doubt on the implication of an accused?
- Is the failure to produce the victim for a medical examination a valid ground for granting post-arrest bail in an attempted rape case?
- Whether the non-production of torn clothes before the investigating officer creates further inquiry into the guilt of the accused?
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
ORDER
1. 'Allegedly the petitioner Altaf Hussain alias Atti has attempted to molest the modesty of Mst.
2. Rasham Bibi, the daughter of the complainant so has been booked in case FIR No, 495 dated 8.9.2013 which was registered at Police Station Jalalpur Pir Wala, District Mahan under Sections 376 & 511, PPC, in which case the petitioner prays for his release on post arrest bail which request has been accepted on the ground that the victim was not produced for her medical examination to determine the attempt allegedly made by the petitioner to rape her; that according to the FIR, the clothes of the victim were torn and the string of the shalwar was found broken but these clothes were not produced before the Investigating Officer and that delay, for four days in lodging the FIR has not been explained by the complainant which casts serious doubt about the implication of the petitioner in the commission of offence. The petitioner is directed to furnish bail bonds in the sum of Rs,50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.
3. Bail granted.