2001 PLP 357 (YLR)

Muhammad Amin Javed Chaudhry for Petitioner. Pervaiz Aslam Chaudhry for the Complainant. Muhammad Shafi for the State. On the last date of hearing i.e. 10‑4‑2000 the hearing of this bail petition was adjourned so as to await the result of investigation being conducted by the Senior Superintendent of Police, Sheikhupura but I have been informed today by the learned counsel for the State that so far the said investigation has not been finalized by the Senior Superintendent of Police, Sheikhupura. A matter concerning liberty of a citizen cannot be adjourned or postponed for an indefinite period and, therefore, I have decided to proceed with the hearing of this bail petition so as to decide the same on its merits.

2. Through this petition Zulfiqar Ahmed Rahat petitioner has sought post‑arrest bail in case F.I.R. No. 79 registered at Police Station City A‑Division, Sheikhupura on 8‑2‑2000 for offences under sections 420/ 406, P.P.C. read with sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

3. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged after about five year of the alleged fraud, forgery and cheating by the present petitioner. It has further been noticed that allegedly a rape had been committed by the present petitioner in the month of June, 1998 but the same was complained against for the first time by the alleged victim namely Mst. Rashda Ashraf in the month of November, 1999 through Writ Petition No.20788 of 1999. Thus, even the alleged rape had been reported against with a delay of about 1‑1/2 years. The medical evidence available with: the prosecution shows that according to the doctor the rape had been committed upon the victim about 1‑1/2 years prior to the medical examination. It has intrigued this Court as to how a doctor could render such an opinion after a passage of so much time. Even‑ otherwise the said doctor had also opined that there was no fresh mark of violence on the body of the victim and also that there was no evidence available regarding her recent pregnancy. The medical evidence is also significantly silent about any evidence regarding recent sexual intercourse, whether forcible or otherwise, with the alleged victim. Even the report of the Chemical Examiner regarding vaginal swabs of the alleged victim is in the negative. Admittedly there is an outstanding civil dispute and litigation over money between the present petitioner and the complainant party. Thus, even the allegation regarding fraud, cheating and forgery calls for further inquiry into the guilt of the present petitioner.

4. In view of what has been observed above the case against the petitioner calls for further inquiry into his guilt within. the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail in the sum of Rs.100,000 (Rupees one hundred thousand only.) with one surety in the like amount to the‑ satisfaction of the learned trial Court. H.B.T./Z‑55/L Bail granted.