2010 PLP 1035 (YLR)

HAFIZ ABDUL REHMAN ANSARI, J.

Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No.278/2009 dated 21-7-2009 registered at Police Station Tullumba, Khanewal, under sections 365-B, 476, P.P.C. on the complaint of Gul Muhammad son of Mukhtiar-complainant.

2. Briefly the allegation against the petitioner is that he gave protection to Muhammad Irfan while he was committing Zina with the daughter of the complainant, hence, this F.I.R.

3. Petitioner and co-accused Muhammad Irfan moved their post arrest bail before the learned Sessions Judge, Mian Channu, which was entrusted to the learned Additional Sessions Judge, Mian Channu, who vide order dated 27-8-2009 dismissed the same.

4. Learned counsel for the petitioner submits that the occurrence is stated to be happened at midnight of 15/16-7-2009 while F.I.R. was got registered after unexplained delay of 5 days on 21-7-2009; that during the investigation, offence under section 365-B, was deleted by the I.O.; that no body saw Javed Iqbal and Razia Bibi standing outside the room as Guard where the commission of Zina is alleged to be committed with Sajida Bibi; that in the version of the F.I.R. made by the complainant and the statement recorded by Sajida Bibi there is a difference which makes the case of the petitioner as one of further inquiry; that in the investigation abduction is not established on that ground section 365-B, P.P.C. was deleted; further submits that Sajida Bibi had illicit relations with Javed Harraj and she voluntarily of her own went to the Dera of Muhammad Irfan to meet with one Javed Harraj; that when her family members came to know that she has gone to the Dera of Irfan she wandering from her paramour Javed Harraj, her parents went there and bring her back; that there is no allegation of commission of zina and offence under section 365-B, which is deleted in the investigation only he acted as a guard.

5. Learned Assistant District Public Prosecutor vehemently opposes the grant of bail on the ground that statement of victim Sajida was recorded on 4-8-2009; that according to police diary No. 12 dated 6-8-2009 offence under section 365-B, P.P.C. was deleted; Petitioner was caught red handed from the place of occurrence. The offence falls within the ambit of Prohibitory Clause. No tainted mala fide or previous enmity is on record against the present petitioner on the part of complainant therefore, the petitioner is not entitled to the concession of bail.

6. I have heard the learned counsel for the parties at length and perused the record.

7. Offence under section 365-B, P.P.C. was deleted during the investigation. Chemical examiner report is not yet received. The only allegation against the petitioner is that he acted as a guard for a Tom in which zina was allegedly committed by Muhammad Irfan. The story of F.I.R. and the statement of the abductee Sajida makes the case of the petitioner as one of further inquiry. Challan has been submitted in the Court on 20-9-2009. The petitioner is no more required for the purpose of investigation or recovery. The story of the F.I.R. is very astonishing, got registered against Muhammad Irfan alias Mukhtar Hussain his son, Javed Iqbal present petitioner and against Razia Bibi, mother of the petitioner. The allegation levelled against the present petitioner and his mother is that Muhammad Irfan alias Mukhtar Hussain committed Zina-bil-Jabr with Sajida Bibi, who was locked in a room while at a time Javed Iqbal present petitioner and his mother acted as a guard of the room, one cannot believe it wife facilitated his husband to commit Zina with other women and real son acted as a Guard while his father was committing Zina in a room.

8. Resultantly, this petition is accepted and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of learned trial Court. However, it is made clear the observations made above are of tentative in nature, will not prejudice the case of either side. H.B.T./M-7/L Bail granted.