PLJ 2022 Cr.C.
491
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
MUHAMMAD ASIF--Petitioner
versus
STATE--Respondent
Crl. Misc. No. 7807-B of 2021,
decided on 8.12.2021.
Criminal
Procedure Code, 1898 (V of 1898)--
----S. 497--Pakistan Penal Code,
(XLV of 1860), S. 376(i)--Post-arrest bail--Crime report was lodged With delay
of one day--Allegation as leveled in crime report does not get support from
report of Punjab Forensic Science Agency regarding DNA and serology
analysis--DNA report qua present petitioner is negative as no seminal
material was found--Petitioner is behind bars since his arrest and not
required. [Pp. 491 & 492] A, B & C
Sardar
Khurram Latif Khan Khosa, Advocate for Petitioner.
Mr. Ansar
Yasin, Deputy Prosecutor General for State.
Peer Syed Muhammad Najmul Husnain, Advocate for
the Complainant.
Date of hearing: 8.12.2021.
Order
Through this petition filed under
Section 497, Cr.P.C., petitioner Muhammad Asif seeks his post-arrest bail in case FIR No. 446/2021,
dated 19.07.2021, registered under Sections 376(i), PPC with Police Station
City Kehror Pacca, District
Lodhran.
2. The brief facts as narrated in
the crime report are that on 18.07.2021, at about "Isha-waila"
the petitioner on the strength of pistol raped the daughter of complainant
namely Mst. Razia
Bibi.
3. Arguments heard and record
perused.
4.
Perusal of the record reveals that the crime report was lodged With the delay of one day for which no explanation has been
rendered by the complainant. As per contents of the crime report, though there
is specific allegation against the petitioner that he committed rape with Mst. Razia Bibi, daughter of the complainant, but such allegation is
not supported by the medical evidence as the doctor who medically examined the
victim gave the final opinion as under:
"I have
received PFSA report PFSA2021-427460-DNA-062807, on date 09/10.2021. According
to PFSA report PFSA2021-
427460-DNA-062807,
No seminal material was found on item#l,2,3 and
4.1-4.4. Victim is a divorced lady married in 2013 and got divorced in 2018. On
examination of private parts, no swelling, abrasion, bruise or any sign of
violence was found. On P/V old ruptured healed Hymen 2 finger loose. Also
victim gave history of being injured during rape. But no injury correlating her
history was found on any parts of body. According to final opinion No rape was
committed."
The
allegation as leveled in the crime report does not get support from the report
of Punjab Forensic Science Agency regarding DNA and serology analysis. DNA
report qua the present petitioner is negative as no seminal material was
found on item No. 1,2,3 and 4.1-4.4, therefore, no
further DNA analysis (short tandem report profiling) was conducted on these
items. All these facts and circumstances makes the case of present petitioner
one of further inquiry falling within the ambit of Section 497 (2), Cr.P.C. Reliance in this regard is placed on cases of
"Muhammad Nauman Hanif”[1]
"Abdul Gaffar”[2]
"Muhammad Tanvir".[3]
The petitioner is behind the bars since his arrest and not required to the
police for investigation purposes. The guilt of the petitioner regarding
committing rape would be determined by the learned trial Court after recording
of prosecution evidence. The petitioner cannot be kept behind the bars for
indefinite period.
5. What has been discussed above,
the instant bail petition is allowed and the petitioner is
admitted to post-arrest bail, subject to his furnishing bail bonds in the sum
of Rs. 1,00,000/-(Rupees one hundred thousand only)
with one surety in the like amount to the satisfaction of learned trial Court.
(A.A.K.) Bail allowed