2012 P Cr (PLP)

The petitioner seeks post-arrest bail in case F.I.R. No.900 of 2011, registered under section 9(c) of The Control of Narcotic Substances Act, 1997, at Police Station Haveli Lakha, District Okara.

2. Precisely, the prosecution case as narrated by Muhammad Shoaib, ASI, is that he overpowered a lady on 13-12-2011 and recovered from her possession contraband charas weighing 1250 grams.

3. The petitioner in fact, had been arraigned as an accused in case F.I.R. No.880 of 2011, dated 8-12-2011 under section 9(c) of The Control of Narcotic Substances Act, 1997, registered at Police Station Haveli Lakha, District Okara by Muhammad Shoaib, ASI, who, being Investigating Officer of this case opined during investigation that it was she, who had trapped Muhammad Irfan alias Fani accused by planting charas weighing 2-kilogram upon him and thus, he declared him innocent and in his place, the accused/ petitioner was involved as an accused in case F.I.R. No.880 of 2011 (supra).

4. The petitioner sought bail before arrest in case F.I.R. No.880 of 2011 (supra) and she was on ad interim pre-arrest bail when Muhammad Shoaib, ASI, booked her in the instant case on 13-12-2011, which led to the dismissal of her pre-arrest bail application in the said case (880 of 2011 supra) on 17-12-2011. Muhammad Shoaib, ASI, after having taken her in custody, allegedly committed Zina bil-Jabr with her, regarding which an inquiry was held by the S.P. (Investigation), Sahiwal Branch, Sahiwal, during the course of which it was concluded by him that allegation of commission of Zina bil-Jabr by Muhammad Shoaib, ASI, with Mst. Shehzadi Mumtaz alias Taji (petitioner) was correct. By holding the delinquent police official guilty, the Inquiry Officer recommended for certain departmental and penal actions against him.

5. Learned counsel for the petitioner having referred to the aforesaid circumstances submits that the petitioner has been falsely involved in this case under a conspiracy by Muhammad Shoaib, ASI, with ulterior motives and having taken in her custody, he ravished her. The circumstances of the case are hair-raising and reflect a picture of characterlessness of a police official who abused his authority/power to commit an act of immorality. Such a nasty element is certainly a stigma on the Police Department. There exist sufficient reasons to believe that the petitioner has been falsely involved in this case by Muhammad Shoaib, ASI, under a devilish plan and her innocence in the instant case cannot be outrightly ruled out. Therefore, we accept this application and admit the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs.100,000 (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

6. Before parting with this order it is directed that the penal actions as suggested by the Inquiry Officer and recommendations made by him against the morally corrupt police official (Muhammad Shoaib, ASI) must be taken to its legitimate end and a report to this effect be submitted before this Court through Deputy Registrar (Judicial). MWA/M-163/L Bail granted.