Aqib Mushtaq Versus State
This petition under Section 497 Cr.P.C. seeks post-arrest bail for the petitioner in a case registered under Section 377-B P.P.C. involving allegations of sexual abuse against a minor victim. The core legal question was whether the petitioner was entitled to bail on the ground of further inquiry when the case rested solely on the victim's statement without supporting forensic or medical evidence. The Lahore High Court held that the prosecution bears the burden of proof beyond reasonable doubt at all stages, including pre-trial and bail proceedings, and had failed to discharge it at this preliminary juncture. In the absence of corroborative medical or forensic evidence, the allegations required formalization through evidence at trial, raising suspicion and constituting a case for further inquiry. Additionally, with investigation complete and the petitioner's continued detention serving no purpose, the Court allowed the petition and granted post-arrest bail subject to bail bonds.
- Whether an accused is entitled to post-arrest bail when the allegation of sexual abuse is unsupported by medical or forensic evidence?
- Does the prosecution's burden of proof beyond reasonable doubt apply at the pre-trial stage of deciding bail entitlement?
- Whether lack of corroborative evidence creates a case for further inquiry under Section 497 Cr.P.C.?
- Section 497, Code of Criminal Procedure 1898
- Section 377-B, Pakistan Penal Code 1860
Order
Muhammad Amjad Rafiq, J .--- Through this petition under Section 497 Cr.P.C., petitioner seeks post arrest bail in case FIR bearing No. 8984 dated 16.12.2024 registered under sections 377-B P.P.C at Police Station Nishter Colony, District Lahore.
2. Petitioner was under the allegation that he committed sexual abuse with Mafia, daughter of the complainant.
3. Except statement of victim, no other evidence is available at this stage of the proceedings. Sexual abuse could only be formalized after recording of evidence by the trial Court. In the absence of forensic or medical evidence, petitioner has made a case for further inquiry. In a case reported as "Akhtar v. Khawas Khan and others" (2024 SCMR 476), it has been held that the burden of proof i.e. 'proof beyond reasonable doubt' on prosecution also applies at all stages including the pre-trial stage, and even at the time of deciding whether the accused is entitled to bail or not. Prosecution so far has not discharged such burden successfully. Therefore, petitioner has succeeded to make out a case for further inquiry. For further inquiry, the Court can pick any of the situations which raises suspicion that accused is not involved in the commission of offence. Some of the situations have been highlighted in the judgment of Supreme Court of Pakistan reported as "Mazhar Ali v. The State and another" (2025 SCMR 318), "Attaullah v. The State" 2024 SCMR 1210), "Muhammad Nawaz alias Karo v. The State (2023 SCMR 734) and Noor Kamal and another v. The State and another (2023 SCMR 999). Petitioner is behind the bars since 17.12.2024, investigation of the case is complete and his person is no more required for the purpose of further investigation, therefore, keeping the petitioner behind the bars will serve no useful purpose to the prosecution.
4. In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- (five lacs) with one surety in the like amount to the satisfaction of the trial Court.
JK/A-54/L Petitiion allowed.