-Post arrest bail--Petitioner participated in the occurrence while carrying .12-bore repeater, while during investigation Soota was recovered--

 PLJ 2023 Cr.C. (Note) 28

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 365-B/376/324/ 452/ 337-H(ii)/337-F(i)/148/149--Post arrest bail--Petitioner participated in the occurrence while carrying .12-bore repeater, while during investigation Soota was recovered--Main role committing rape was not attributed to him and abductee in her statement u/S. 164, Cr.P.C. did not name the petitioner in commission of rape with
her--No report of DNA is received--Bail granted.          [Para 3-A] A

Syed Azhar Hussain Sherazi, Advocate for Petitioner.

Mr. Ansar Yaseen Deputy Prosecutor General for State.

Ch. Khawar Saddique Sahi, Advocate for Complainant.

Date of hearing: 4.3.2020.

 PLJ 2023 Cr.C. (Note) 28
[Lahore High Court, Multan Bench]
Present: Ch. Mushtaq Ahmed, J.
WAHAB--Petitioner
versus
STATE--Respondents
Crl. Misc. No. 214-B of 2020, decided on 4.3.2020.

Order

Through this petition, Wahab, accused in case FIR No. 187/2019 dated 19.05.2019 registered at Police Station Kasowal, District Sahiwal for the offence under Sections 365-B, 324, 452, 337-H(ii), 376, 337-F(i), 148. 149, PPC seeks post arrest bail.

2. Arguments heard and record perused.

3. FIR was registered on complaint made by Munir Ahmad. Allegation against petitioner as per FIR is that petitioner alongwith co-accused twenty-two nominated and 3/4 unknown accused persons trespassed into houses of complainant and his brother Sadiq, made aerial as well as straight firing, caused injuries to the inmates and abducted complainant’s niece Mst. Tahira Bibi, aged about thirteen-fourteen years and later on committed rape with her. In the backdrop of motive, Saqib Munir, complainant’s son got married with Mst. Javairia, daughter of Mumtaz, accused.

3-A. As per FIR, petitioner participated in the alleged incident while carrying .12-bore repeater, however during investigation, sota was recovered from his possession. Admittedly, petitioner is aged about 70 years, main role of committing rape with Tahir Bibi was not attributed to him rather the same has been attributed to co-accused, Muhammad Hussain and Muhammad Abbas who are behind the bars. It is noticeable that alleged victim while getting her statement recorded under Section 164, Cr.P.C. did not name the petitioner in commission of rape with her. There is nothing on record which shows that petitioner himself abducted the alleged victim. Swabs were taken for D.N.A test however no report in this regard has been received so far. As such, case of petitioner calls for further inquiry as his actual role played in commission of alleged crime and subsequent liability, if any, can be determined after recording evidence at trial. Petitioner is behind the bars and his person is no more required by Investigating Agency.

4. For the reasons recorded above, petition in hand is allowed. Petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.

(K.Q.B.)          Bail granted