1998 P Cr (PLP)

Malik Haq Nawaz for Petitioner. Raja Shahbaz Khan, D.A. for the State. To begin with, as per first information report, the occurrence took place on the night intervening between 7th/8th July, 1997 and the report was lodged on the following day at 11 a.m. before Muhammad Izat Khan, S.H.O. by Yaqoob Shah at Police Station Gupis. The distance between the place of occurrence and the police station is hardly one and half miles. The report is to the effect that lodger of the F.I.R. is a Chowkidar of Government High School Gupis and on 7th July, 1997 after taking supper left his‑house for the School to a attend his duty. In his absence at midnight, accused Aslam resident of Gulmooti Tehsil Punial who is serving as Naib Qasid in the Court of Civil Judge Gupis, staying close to the house of complainant with one Daulat Khan alias Akato; that accused Aslam after scaling over the wall of his house; went to the bed of Mst. Jan Bibi, who was sleeping on a cot in the courtyard of her house and started teasing her, in order to commit rape on her person; that Mst. Jan Bibi raised hue and cry and on her alarm, her mother Mst. Gul Gamboori, who was also lying asleep on a separate cot in the courtyard woke up; that on the cries of Mst. Jan Bibi, accused Aslam and his companion who were putting on black and white cloths respectively fled away. It is also stated in the report that at the relevant time, a lantern was also burning and in the light of which only accused Aslam was identified by Mst. Jan Bibi and her mother Mst. Gul Gumboori, while his co‑confederate who was standing under an apricot tree, could not be identified by them.

2. On the report of Yaqoob Shah, the Investigation Agency came in motion and accused Aslam was arrested on the day of report i.e. 8‑7‑1997 while his co‑accused Daulat Khan was arrested on 12‑7‑1997.

3. The accused/petitioner and his co‑confederate applied for bail in the Court of Sessions, Ghizar. The learned Sessions Judge was pleased to allow bail to the co‑accused Daulat Khan, but refused to allow bail to the present accused/petitioner vide his order, dated 25‑7‑1997.

4. Not content with the said order, the accused/petitioner approached this Court for bail. Admittedly it is a night occurrence and the incident took place at the dead of night, where besides Mst. Jan Bibi, her mother Mst. Gul Gumboori and her brother Shahid Hussain were also present at the relevant time. The place of incident and the Government High School Gupis, where Yaqoob Shah is serving as Chowkidar are close to each other, while the police station is situated at a distance of one and half miles, as is evident from the F.I.R. No. 15 of 1997, Police Station Gupis. Apparently, there appears inordinate delay in lodging the F.I.R. besides, the co‑accused Daulat Khan alias Akato has been released on bail by the learned Sessions Judge, Ghizar on 25‑7‑1997 and there is no cancellation application from the prosecution side in respect of Daulat Khan. From the statement of Mst. Jan Bibi recorded under section 164, Cr.P.C. by a Magistrate, she has clearly stated that she identified only Aslam, who was running away, in the light of lantern; she does not charge Daukat Khan co‑accused in her statement and in the said statement, she also clearly stated that she did not know the intention of Aslam accused. Moreover, the lantern has also not been taken into possession by the police.

5. Keeping into consideration all the aforesaid reasons, I deem it fit and proper in the interest of justice, to allow bail to the accused/petitioner, subject to his furnishing bail bond in the sum of Rs.20,000 with two sureties each, in the like amount to the satisfaction of any Magistrate 1st Class Gupis. H.B.T./35/Gilgit. Bail granted.