Muhammad Jamal vs State and another
This petition for post-arrest bail arises from a criminal case registered under Sections 365-B and 376 of the Pakistan Penal Code 1860, involving allegations of abduction and sexual assault of a minor. The core legal question is whether the petitioner is entitled to bail given the circumstances of the case, specifically the delay in reporting, the medical evidence, and the existence of a competing claim of marriage. The Lahore High Court held that the petitioner is entitled to bail, finding that the two-day delay in reporting the incident, the absence of physical injuries on the victim during the medical examination, and the existence of pending civil litigation regarding the validity of the marriage between the petitioner and the victim create a case for further inquiry. The court emphasized that when the prosecution's case is clouded by significant evidentiary gaps and conflicting claims regarding the relationship between the parties, the accused is entitled to the benefit of doubt at the bail stage under Section 497(2) of the Code of Criminal Procedure 1898, particularly when further investigation is not required.
- Does a significant delay in reporting an alleged abduction provide grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can the existence of pending civil litigation regarding the validity of a marriage between the accused and the victim constitute a ground for granting bail in a criminal case?
- Is an accused entitled to bail when the medical examination of the alleged victim reveals no signs of violence or struggle?
- Section 497, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
ORDER
Through instant petition under Section 497, Cr.P.C., petitioner Muhammad Jama l has sought post-arrest bail in case FIR No. 126/2020 dated 27.05.2020, in respect of offences under Sections 365-B & 376 (i),(ii),(iii), PPC, registered at Police Station, Sait Pur , District Muzaf fargarh.
2. The allegation against the petitioner , as contained in the crime repot, is that on 25.05.2020 at 8/9 p.m., he alongwith one nominated and three unknown accused persons, while armed with fire arm weapons, forcibly abducted Mst. Bisma Zubair aged 11/12 years on two motor-cycles in order to commit sexual intercourse with her.
Hence, this case was registered.
3. I have heard the learned counsel for the petitioner , learned Deputy Prosecutor General appearing for the State and perused the record with their able assistance.
4. The occurrence has allegedly taken place on 25.05.2020 but the same was reported to the police with two days unexplained and inordinate delay on 27.05.2020. The alleged abductee was recov ered on 31.05.2020 and on the same day she was medically examined , where no mark of scratch, bruise or any other sign of violence was observed by the Medical Officer. The petitioner is claiming the victim to be his legally wedded wife vide Nikahnama dated 29.05.2020. Although the victim has filed a suit for jactitation of marriage but at the same time the petitioner has also filed a suit for restitution of conjugal rights, which are still pending. An affidavit purportedly solemnized by the alleged victim is also available on record, according to which she with her free consent entered into Nikah with the petitioner . All these facts are sufficient to make out case of the petitioner for further inquiry into his guilt falling within the ambit of sub-section (2) of Section 497, Cr.P.C. The petitioner was arrested in this case on 31.05.2020 and nothing was recovered from his possession during investigation. He is behind the bars since his arrest and his physical custody is no more required to the police for the purpose of investigation.
For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/-(rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.