HEERAY KHAN Versus KHUSHI MUHAMMAD

The petitioner who is involved in a case under section 354/457, P.P.C. arising out of F.I.R. No.1/94, dated 2-1-1994, registered at Police Station Bhagtanwala, District Sargodha, seeks to be admitted to bail.

2. Briefly the allegation against the petitioner as per F.I.R. is that he trespassed in the residential Haveli of the complainant and outraged the modesty of the complainant.

3. The learned counsel for the petitioner contended that the version given in the F.I.R. is fantastic and improbable as nobody would sleep in Verandah of her house in the month of January which is the coldest month in this country. The presence of witnesses at the scene of occurrence is highly doubtful as nowhere it is mentioned how they entered in the Haveli when it was locked. The petitioner has been involved in this case due to previous enmity and the offence for which the petitioner is being tried does not fall within the prohibitory clause and he is behind the bars for the last two months without any trial.

4. The learned counsel for the State has opposed this bail application on the ground that the petitioner trespassed in the house of the complainant and tried to outrage her modesty, so the petitioner is not entitled to bail.

5. I have heard the learned counsel for the parties and perused the record.

6. Admittedly the offence for which the petitioner is being charged does not fall within the prohibitory clause though it is non-bailable. It is true that in non-bailable cases, the accused has no right to be released on bail but the Court powers are not abridged to grant the bail if the case is made out. There is great force in the submission of the learned counsel for the petitioner that version given in the F.I.R. prima facie does not appear reasonable and tire presence of the eye-witnesses who are from the brotherhood of the complainant, at the dead of night at the scene of occurrence are highly improbable, hence the case against the petitioner needs further consideration, so the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of A.C., Sargodha.

N.H.Q./A-611/I

Bail allowed.