PLJ 2021 Cr.C. 1470
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), S. 376--Post-arrest bail, grant of--Further inquiry--Allegation of--Petitioner was committed zina and co-accused kept on guarding--Accused/petitioner is nominated in crime report with Specific allegation of taking away complainant to his house and committing zina with her but M.L.C. of complainant/victim reveals that concerned doctor did not observed any marks of violence on person of complainant--Similarly he did not observe any laceration nor any bleeding or discharge was present--Report of D.N.A. is still awaited--Co-accused has already been enlarged on bail by Additional Sessions Judge Involvement of petitioner in instant case would be determined by trial Court after recording evidence at present
case of petitioner is one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C. petitioner is behind bars since his arrest--Investigation to his is already complete and he is no more required for investigation--No useful purpose would be served by keeping petitioner behind bars--Bail was allowed. [P. 1471] A
Syed Jaffar Tayyar Bukhari, Advocate for Petitioner.
Mr. Ishfaq Ahmad Malik, D.P.G. for State.
Mr. Abdul Khaliq Chandia, Advocate for Complainant.
Date of hearing: 11.2.2021.
PLJ 2021 Cr.C. 1470[Lahore High Court, Multan Bench]Present: Raja Shahid Mehmood Abbasi, J.ABID HUSSAIN @ MANZOOR HUSSAIN--PetitionerversusSTATE etc.--RespondentsCrl. Misc. No. 686-B of 2021, decided on 11.02.2021.
Order
Through this petition under Section 497, Cr.P.C. the petitioner Abid Hussain @ Manzoor Hussain, seeks post-arrest bail in case F.I.R. No. 250 dated 23.12.2020 under Section 376, PPC registered at Police Station B-Division Dera Ghazi Khan.
2. This crime report has been lodged by Mst. Gul Naz complainant alleging therein that on 22.12.2020 the petitioner along with his co-accused took her to the house of the petitioner where the petitioner committed zina with her whereas co-accused Muhammad Rashid kept on guarding.
3. Heard. Record perused.
4. It divulges from record that though the accused/petitioner is nominated in the crime report with Specific allegation of taking away Mst. Gul Naz complainant to his house and committing zina with her but the M.L.C. of the complainant/victim reveals that the concerned doctor did not observed any marks of violence on the person of the complainant. Similarly he did not observe any laceration nor any bleeding or discharge was present. Report of D.N.A. is still awaited. Co-accused Muhammad Rashid has already been enlarged on bail by the learned Additional Sessions Judge on 23.01.2021. In view of the above involvement of the petitioner in the instant case would be determined by the learned trial Court after recording evidence. At present the case of the petitioner is one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C. The petitioner is behind the bars since his arrest. The investigation to his extent is already complete and he is no more required for further investigation. No useful purpose would be served by keeping the petitioner behind the bars.
5. In view of above, this petition is accepted and the petitioner Abid Hussain @ Manzoor Hussain is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two lac) with one surety each in the like amount to the satisfaction of the learned trial Court.
(A.A.K.) Bail allowed
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