ZAHID Versus State

ORDER

ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.459/17, dated 15.12.2017 under section 376, P.P.C. registered at Police Station Sher Garh, District Okara.

2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that there is a delay of six days in registration of FIR which has not been explained by the complainant, which prima facie shows that the FIR has been got registered after due deliberation and consultation. As per narrations of FIR, allegedly the parents of the petitioner had demanded hand of alleged victim Mst. Robina Bibi for him and upon refusal of the complainant, the petitioner along with his co-accused entered in the house of the complainant and committed rape of Mst. Robina Bibi on gunpoint. According to medico legal certificate of alleged victim, neither there was any mark of violence on her body nor any sign of resistance by her; her vagina admitted two fingers coupled with the fact that the doctor has not given any opinion regarding commission of rape with her. Moreover, the report of the Punjab Forensic Science Agency is also negative, therefore, taking into consideration the above mentioned facts, the question as to whether provisions of section 496-B, P.P.C., which is bailable, are attracted instead of section 376, P.P.C. shall be determined by learned trial Court at an appropriate stage. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 08.01.2018 without any fruitful progress towards the conclusion of his trial. Investigation of the case is complete and the petitioner is no more required by the police for further investigation. It is settled law that mere heinousness of offence is no ground to refuse bail to an accused if otherwise he becomes entitled to the grant of bail, therefore, no useful purpose would be served by keeping the petitioner behind the bars.

3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

MQ/Z-9/L Bail granted.