PLJ 2023 Cr.C. (Note) 108
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD YOUNAS--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 8151-B of 2022, decided on 6.12.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 377-B--Pre-arrest bail, grant of--Allegation of--Sexual abuse with minor--Medical examination report of FSA--No seminal material was found on items sent for analysis, therefore, no further DNA examination was conducted--Except statement of alleged victim aged about 08/09 years, no other evidence is available against petitioner--At present, sufficient material is not available, therefore, mala fide on part of complainant to falsely involve petitioner in this case cannot be ruled out--Mala fide being a state of mind cannot always be proved through direct evidence, and it was often to be inferred from facts and circumstances of case--While deciding pre-arrest bail application merits of case can be touched upon and benefit of doubt, if established, can be extended--In circumstances, apparently petitioner has made out case for pre-arrest bail.
[Para 4] A, B & C
PLD 2021 SC 708, 2021 SCMR 130 and 2022 SCMR 1424.
Khawaja Qaisar Butt and Mr. Muhammad Ali Butt, Advocates with Petitioner.
Mr. Adnan Latif Sheikh, Deputy Prosecutor General for State.
Complainant in Person.
Date of hearing 6.12.2022.
Order
Petitioner seeks pre-arrest bail in case FIR No. 163 dated 22.07.2022 registered under Section 377-B, PPC at Police Station Retrah, District D.G. Khan.
2. Allegedly, petitioner committed sexual abuse with Mst. Shamsa Aziz aged about 08/09 years, niece of the complainant. Hence, this case.
3. Heard. Record perused.
4. Perusal of record reveals that occurrence was of 07:30 a.m. on 22.07.2022 but victim underwent medical examination on the same day after 14 hours at 09:00 p.m. wherein nothing was observed by the Medical Officer over the body of victim with respect to attempting the commission of offence by the petitioner and as per report of Punjab Forensic Science Agency, no seminal material was found on the items sent for analysis, therefore, no further DNA examination was conducted. Except the statement of alleged victim aged about 08/09 years, no other evidence is available against the petitioner. At present, sufficient material is not available, therefore, mala fide on the part of complainant to falsely involve the petitioner in this case cannot be ruled out. Hon’ble Supreme Court of Pakistan in a case reported as “Shahzada Qaiser Arfat alias Qaiser vs. The State and another” (PLD 2021 Supreme Court 708) has held that mala fide being a state of mind cannot always be proved through direct evidence, and it was often to be inferred from the facts and circumstances of the case. It has been further held by Hon’ble Supreme Court of Pakistan in the cases reported as “Khair Muhammad and another vs. the State through P.G. Punjab and another” (2021 SCMR 130), “Javed Iqbal versus The State through Prosecutor General of Punjab and another” (2022 SCMR 1424) that while deciding pre-arrest bail application merits of the case can be touched upon and benefit of doubt, if established, can be extended. In the circumstances, apparently the petitioner has made out the case for pre-arrest bail.
5. In the light of above circumstances, this petition is allowed and interim pre-arrest bail already granted to the petitioner is confirmed subject to furnishing fresh bail bonds in the sum of
Rs. 1,00,000/- (one lac) with one surety in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Bail allowed
0 Comments