JAHANGIR ALAM Versus State

ORDER

MOHSIN AKHTAR KAYANI, J.--- Through the instant petition, the petitioner has applied for post arrest bail in case FIR No.741/2021, dated 15.12.2021, registered under sections 376, 337-J, 338-A/34, P.P.C., Police Station Tarnol, Islamabad.

2. Brief facts referred in the instant FIR are that the complainant namely Mst. Bushra daughter of Muhammad Tariq is resident of Karachi and was student of CMA, came to Islamabad in July, 2021, where she met with present petitioner Jahangir Alam of Pak Travelling Tour Guide, started working with him, who during this period administered the intoxicant in juice and committed Zina with her in Flat situated in B-17, thereafter blackmailed the complainant, lured her to enter into marriage and got prepared the videos, however, the complainant became pregnant, consequently a stamp paper was executed by petitioner with assurance to enter into Nikah, however, by playing fraud, he managed the abortion of pregnancy through Dr. Ameer Ghani and Dr. Fouzia.

3. Learned counsel for the petitioner contends that petitioner is innocent and has falsely been implicated in this case, even challan has been submitted in the Court and petitioner is no more required for the purpose of investigation. He further submits that no offence of rape or administration of intoxicant has been proved on record, rather the complainant worked with her and committed embezzlement in the Company account, which is the basis of registration of false case to avoid the accounts reconciliation.

4. Conversely, learned counsel for complainant as well as learned State Counsel has opposed the instant post arrest bail on the ground that the accused petitioner has committed the offence of zina by administering the intoxicant, which itself falls within the ambit of prohibitory clause of section 497, Cr.P.C, therefore, it would be more appropriate at this stage to issue direction to learned Trial Court for early conclusion of the trial.

5. Arguments heard and record perused.

6. Perusal of record reveals that petitioner has been charged with the allegation of zina with the complainant Mst. Bushra, who was employee of the petitioner Company known as Pak Travelling Tour Guide and has been raped after administering the intoxicant in the Flat situated in B-17, even it has been alleged by the complainant that certain videos have been prepared by the petitioner on the pretext that petitioner will enter into the marriage with the complainant, even forced her for abortion of pregnancy.

7. While considering the allegations, the I.O. has been confronted to establish the element of rape or forced abortion as well as the video evidence if any, whereby he candidly conceded that no direct evidence is available on record, except the statement of the complainant recorded under section 164, Cr.P.C. The Investigation Officer also confirms that the offence has allegedly been committed year ago and FIR has been lodged with delay. All these aspects prima facie create a ground of further inquiry in terms of section 497(2), Cr.P.C., especially when there is no evidence of DNA or any other medical evidence to demonstrate that petitioner is directly involved in the matter, except the statement of victim.

8. Record is also silent qua the identification of place of incident, where alleged rape was committed with the complainant, all these elements create a doubt, the co-accused Dr. Ameer Ghani and Dr. Fouzia have already been granted pre-arrest bail before whom the complainant and petitioner claimed to be a married couple, therefore, the case of further inquiry has surfaced on record.

9. The petitioner is no more required for the purpose of investigation, who is languishing in jail since his arrest i.e. 01.07.2022 and as such the ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case as held in PLD 1972 SC 81 (Manzoor Ahmed and 4 others v. The State), PLD 1995 SC 34 (Tariq Bashir and 5 others v. The State), therefore, the concept of liberty of a person is a precious right which has been guaranteed under the Constitution of Islamic Republic of Pakistan, 1973 as held in 2020 SCMR 1859 (Abbas Raza v. The State through P.G Punjab and others) and similar guidance has also been taken in 2020 SCMR 350 (Aya Khan and another v. The State).

10. For what has been discussed above, instant petition is ALLOWED and the petitioner is admitted to post arrest bail subject to his furnishing of bail bond in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of learned Trial Court.

11. It is needless to mention here that the observations made hereinabove are tentative in nature and shall not affect the trial.

SA/196/Isl. Bail granted.