Abid Hussain @ Manzoor Hussain vs State etc
This matter arises from a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898 in respect of F.I.R. No. 250 dated 23.12.2020 registered under Section 376 of the Pakistan Penal Code 1860 at Police Station B-Division Dera Ghazi Khan, involving allegations of rape. The core legal question is whether the petitioner is entitled to post-arrest bail in the absence of corroborative medical evidence of violence and where a co-accused has already been enlarged on bail. The Lahore High Court held that the petitioner's case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, noting the absence of marks of violence or lacerations in the medical report, the awaited DNA report, and the prior grant of bail to a co-accused. The petition was accepted, and the petitioner was admitted to post-arrest bail subject to furnishing suitable surety bonds.
- Whether the absence of marks of violence in the medical report of the victim makes a case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Does the grant of bail to a co-accused provide a ground for considering the post-arrest bail of the main accused?
- When can an accused charged under Section 376 of the Pakistan Penal Code 1860 be admitted to post-arrest bail pending trial?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 376, Pakistan Penal Code 1860
ORDER
Through this petition under Section 497, Cr.P.C. the petitioner Abid Hussain @ Manzoor Hussain, seeks post-arrest bail in case F.I.R. No. 250 dated 23.12.2020 under Section 376, PPC registered at Police Station B-Division Dera Ghazi Khan.
2. This crime report has been lodged by Mst. Gul Naz complainant alleging therein that on 22.12.2020 the petitioner along with his co-accused took her to the house of the petitioner where the petitioner committed zina with her whereas co-accused Muhammad Rashid kept on guarding.
3. Heard. Record perused.
4. It divulges from record that though the accused/petitioner is nominated in the crime report with. Specific allegation of taking away Mst. Gul Naz complainant to his house and committing zina with her but the M.L.C. of the complainant/victim reveals that the concerned doctor did not observed any marks of violence on the person of the complainant. Similarly he did not observe any laceration nor any bleeding or discharge was present: Report of D.N.A. is still awaited. Co-accused Muhammad Rashid has already been enlarged on bail by the learned Additional Sessions Judge on 23.01.2021. In view of the above involvement of the petitioner in the instant case would be determined by the learned trial Court after recording evidence. At present the case of the petitioner is one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest.
The investigation to his extent is already complete and he is no more required for further investigation. No useful purpose would be served by keeping the petitioner behind the bars.
5. In view of above, this petition is accepted and the petitioner Abid Hussain @ Manzoor Hussain is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac) with one surety each in the like amount to the satisfaction of the learned trial Court.