Case Details

Citation(s)
2010 SLG 888 2010 SLD 888 2010 PLJ 380
Lahore High Court
Crl. Misc. 11995-B of 2008, decision & hearing Dated: 12.03.2009.
S. ALI HASSAN RIZVI, JUSTICE
Syed Zaman Haider, Advocate for Petitioner with in person. Ch. Amjad Hussain, DPG for State.

MUHAMMAD ASHRAF ALIAS KALO AND ANOTHER

VS

STATE

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 376--Bail--Grant of--Prayer for--Petitioner remained in jail for one year and they were found innocent--Report of Chemical Examiner was negative--FIR was lodged next day of occurrence took place--When there was resistance by victim, assailants may not discharge semen hours being turbulent for them--Absence of semen would, therefore not be decisive--There being no allegation of misuse of relied and having regard to period of detention without trial, ad-interim post-arrest bail already granted was confirmed--Petition accepted. THIS ORDER PASSED BY: S. ALI HASSAN RIZVI, JUSTICE---.--- The petitioners seek post-arrest bail in case FIR No. 782, registered at Police Station Chak-Jhumra, District Faisalabad on 21.10.2007 for an offence under Section 376, PPC. 2. According to FIR, on 20.10.2007 at 11.00 a.m., wife of the complainant was on her way to house whereupon both the petitioners surprised her and committed Zina. 3. Heard. The petitioners remained in jail for one year and three months while according to diary No.…
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