2025 PLP 2232 (YLR)
Aqib Mushtaq — Petitioner Versus The State and others — Respondents
| Citation | 2025 PLP 2232 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Aqib Mushtaq — Petitioner Versus The State and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 PLP 2232 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 2232 (YLR)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 2232 (YLR) (Aqib Mushtaq — Petitioner Versus The State and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Rafiq Mayo for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S. 377-B
Sexual abuse
Allegation against the petitioner was that he sexually abused the daughter of the complainant
Except statement of victim, no other evidence was available at this stage of the proceedings
Sexual abuse could only be formalized after recording of evidence by the Trial Court
In the absence of forensic or medical evidence, petitioner had made a case for further inquiry
Burden of proof i.e. 'proof beyond reasonable doubt' on prosecution also applied at all stages including the pre-trial stage and even at the time of deciding whether the accused was entitled to bail or not
Prosecution so far had not discharged such burden successfully
Therefore, petitioner had succeeded to make out a case for further inquiry
For further inquiry, the Court can pick any of the situations which raises suspicion that accused is not involved in the commission of offence
Petitioner was behind the bars since 17.12.2024; investigation of the case was complete and his person was no more required for the purpose of further investigation, therefore, keeping the petitioner behind the bars would serve no useful purpose to the prosecution
Petition was allowed, in circumstances.
Judgment & Decree
Muhammad Amjad Rafiq, J.
Through this petition under Section 497 Cr.P.C., petitioner seeks post arrest bail in case FIR bearing No. 8984 dated 16.12.2024 registered under sections 377-B P.P.C at Police Station Nishter Colony, District Lahore.
2. Petitioner was under the allegation that he committed sexual abuse with Mafia, daughter of the complainant.
3. Except statement of victim, no other evidence is available at this stage of the proceedings. Sexual abuse could only be formalized after recording of evidence by the trial Court. In the absence of forensic or medical evidence, petitioner has made a case for further inquiry. In a case reported as "Akhtar v. Khawas Khan and others" (2024 SCMR 476), it has been held that the burden of proof i.e. 'proof beyond reasonable doubt' on prosecution also applies at all stages including the pre-trial stage, and even at the time of deciding whether the accused is entitled to bail or not. Prosecution so far has not discharged such burden successfully. Therefore, petitioner has succeeded to make out a case for further inquiry. For further inquiry, the Court can pick any of the situations which raises suspicion that accused is not involved in the commission of offence. Some of the situations have been highlighted in the judgment of Supreme Court of Pakistan reported as "Mazhar Ali v. The State and another" (2025 SCMR 318), "Attaullah v. The State" 2024 SCMR 1210), "Muhammad Nawaz alias Karo v. The State (2023 SCMR 734) and Noor Kamal and another v. The State and another (2023 SCMR 999). Petitioner is behind the bars since 17.12.2024, investigation of the case is complete and his person is no more required for the purpose of further investigation, therefore, keeping the petitioner behind the bars will serve no useful purpose to the prosecution.
4. In view of what has been discussed above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 500,000/- (five lacs) with one surety in the like amount to the satisfaction of the trial Court. JK/A-54/L Petitiion allowed.