Case Details

Citation(s)
2010 SLG 1414 2010 SLD 1414 2010 YLR 294
Lahore High Court
Criminal Miscellaneous No. 3953-B of 2009, decision Dated: 30-04-2009.
PERVAIZ ALI CHAWLA, JUSTICE
Petitioner(s) by: Javaid Iqbal Rana
Respondent(s) by: Parvaiz Alamgir Malik, Dy. P.G.

GHULAM MUSTAFA

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 376

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.376--Rape--Bail, grant of--Complainant/ prosecutrix and her husband both had exonerated accused and there was no allegation of commission of zina against the accused---Furthermore report of Chemical Examiner was also in the negative---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: PERVAIZ ALI CHAWLA, J.--- Ghulam Mustafa son of Muhammad Basheer, petitioner, seeks post-arrest bail in case F.I.R. No.138 of 2009, dated 2-3-2009, registered at Police Station Saddar Gujranwala for an offence under section 376 P.P.C. 2. The allegation against the petitioner as per F.I.R. is that the petitioner Dr. Ghulam Mustafa along with his co-accused Muhammad Taqi and two unknown persons encircled Mst. Bushra Bibi complainant, when she was going towards the Dera of Zafar to fetch some money from her husband, and thereafter Muhammad Taqi his co-accused made the complainant to lay on the agricultural field and committed Zina-bil-Jabar with her; the alarm raised by her attracted her husband Shahid son of Muhammad Tufail and Muhammad Parvaiz son of Mastay Khan; on seeing the P.Ws. the accused fled away from the scene of occurrence. 3. The learned counsel for the petitioner has submitted an affidavit of Mst. Bushra Bibi the complainant and her husband Muhammad Shahid P.W. to…
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