PLJ 2023 Cr.C. (Note) 61
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 376/511--Bail after arrest, grant of--Further inquiry--Allegation of committing rape--No medico-legal certificate of victim is available on record--Question of attempt could only be attended by trial Court after recording of evidence--The petitioner is behind bars since his arrest without any substantial progress in trial--No useful purpose would be served by keeping him behind bars for an indefinite period-- All these circumstances make case of petitioner that of further inquiry falling within scope of sub-section (2) of Section 497, Cr.P.C.--Bail allowed. [Para 3] A
2021 SCMR 63.
Mr. Muhammad Faisal Bashir, Advocate for Petitioner.
Mst. Asmat Perveen, DDPP for State.
Nemo for Complainant.
Date of hearing: 26.10.2022.
PLJ 2023 Cr.C. (Note) 61
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad rafiq, J.
HASNAIN--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 6928-B of 2022, decided on 26.10.2022.
Order
Through this petition, the petitioner has sought post arrest bail in case FIR No. 679 dated 17.09.2022 registered under Sections 376/511, PPC at Police Station Saddar Chichawatni, District Sahiwal.
2. Heard. Record perused.
3. The petitioner was charged under the allegation of committing rape with daughter of the complainant namely Naseem Bibi. Learned counsel for the petitioner contends that contents of FIR reflect that petitioner was caught hold by the complainant party on 15.09.2022 and kept him in illegal confinement for two days when the FIR was registered on 17.09.2022 and police has shown formal arrest on 18.09.2022 which speaks a different story, however, he has informed that there was a monetary dispute between the petitioner and Mst. Naseem Bibi and complainant party was pressing hard to demand the money but on failure has handed-over the petitioner to the police for lodging a false case. No medico-legal certificate of the victim is available on the record. Question of attempt could only be attended by the learned trial Court after recording of evidence. The petitioner is behind the bars since his arrest without any substantial progress in the trial. No useful purpose would be served by keeping him behind the bars for an indefinite period. All these circumstances make the case of the petitioner that of further inquiry falling within the scope of sub-section (2) of Section 497, Cr.P.C. The Hon’ble Supreme Court of Pakistan in the case “Jahanzeb and others versus State through A.G. Khyber Pakhtunkhwa Peshawar and another” (2021 SCMR 63), with reference to Section 497, Cr.P.C., has held as under:
“Perusal of the aforesaid provision reveals the intent of the legislature disclosing pre-condition to establish the word “guilt” against whom accusation is levelled has to be established on the basis of reasonable ground, however, if there exists any possibility to have a second view of the material available on the record then the case advanced against whom allegation is levelled is entitled for the relief in the spirit of Section 497(2), Cr.P.C. “
4. In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 100,000/-with one surety in the like amount to the satisfaction of the trial Court.
(A.A.K.) Bail allowed
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