PLJ 2024 Cr.C. (Note) 196
[Lahore High Court, Lahore]
Present: Shehram Sarwar Ch., J.
versus
STATE and another--Respondents
Crl. Misc. No. 25361-B of 2024, decided on 3.6.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 365-0B & 376--Post-arrest bail, grant of--Further inquiry--Allegation of abduction-- According to FIR, precise allegation against petitioner is that of abducting victim in order to commit rape with her--A copy of nikahnama has been placed on file and same reflects marriage of alleged victim with petitioner, which was performed on 21.09.2023--The alleged victim had also filed a harassment petition before Addl. Sessions Judge, Ghotki against police, etc--Which was disposed of vide order passed by ASJ, Ghotki--As apprised by learned Law Officer under instructions and after perusal of record--The DNA report available on police file is in negative--The petitioner is behind bars since 07.11.20231 and no more required for purpose of investigation--No useful purpose would be served by keeping petitioner behind bars for an indefinite period. [Para 4] A
Rai Ashfaq Ahmad Kharal, Advocate for Petitioner.
Ch. Muhammad Akram Tahir, APG for State.
Mr. Asim Ali Gill, Advocate for the Complainant.
Date of hearing: 3.6.2024.
Order
Tariq Mehmood, petitioner seeks post arrest bail in case FIR No. 3596 dated 15.09.2023 offence under Sections 365-B and 376, PPC registered at Police Station Shadbagh District Lahore.
2. As per version of the prosecution in the FIR, the petitioner abducted Mst. Farah Arshad, daughter of complainant in order to commit rape with her.
3. Arguments heard. Record perused.
4. This is a post arrest bail petition and only tentative assessment of the evidence/material produced before the Court can be made at this stage. According to the FIR, the precise allegation against the petitioner is that of abducting Mst. Farah Arshad (victim) in order to commit rape with her. A copy of nikahnama has been placed on the file and the same reflects the marriage of Mst. Farah Arshad, alleged victim with the petitioner, which was performed on 21.09.2023. The alleged victim had also filed a harassment petition before learned Addl. Sessions Judge, Ghotki against the police, etc. Which was disposed of vide order dated 30.09.2023 passed by learned ASJ, Ghotki. As apprised by learned Law Officer under instructions and after perusal of record. The DNA report available on the police file is in the negative. The petitioner is behind the bars since 07.11.2023 and no more required for the purpose of investigation. No useful purpose would be served by keeping the petitioner behind the bars for an indefinite period.
6. Considering all these circumstances, case of the petitioner calls for further inquiry within the ambit of sub-section (2) of Section 497, Code of Criminal Procedure. This petition is, therefore, allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner, whatsoever.
(A.A.K.) Bail allowed
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