Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5), Pakistan Penal Code, (XLV of 1860) Ss. 367-A, 377--Cancellation of bail--Offence of heinous nature--Medicleevidence corroborates the version of victim--Held: No one could involve an innocent person in offence of such like nature, which also defames victim and victim's family in society--Bail granting order was not based on assessment of incriminating material available on record--Application was accepted and bail granted. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSTICE---.--- Through this petition under Section 497(5) Cr.P.C. the petitioner has sought cancellation of bail granted to Raza @ Khoda andAdnan Respondents No. 1 and 2 by the learned Additional Sessions Judge, Jaranwala, vide order dated 09-04-2010 in case FIR No.31, registered at Police Station City Jaranwala, District Faisalabad, on 18-01-2010, for offences under Sections 367-A and 377 PPC. 2. According to FIR, in brief, the allegation against the respondents is that they have committed sodomy with Muhammad Waqasnephew of the complainant. 3. In support of this petition learned counsel for the petitioner submits that both the respondents have committed a heinous offence; the victim has fully implicated them and his version is fully corroborated by the medical evidence; the police was reluctant to get the victim medically examined, who was medically examined under the direction of learned Area Magistrate; both the respondents were arrested in the case but the third accused namely Asif, who is absconder, is extending threats to the complainant; no one can falsely implicate a person in a case of such like nature; in these circumstances, the respondents are not entitled to the concession of bail. 4. Learned Deputy Prosecutor General has frankly conceded that the bail granting order is not based on solid reasons; the learned Additional Sessions Judge without taking into consideration the incriminating evidence has granted bail to both the respondents, who do not deserve such leniency. 5. On the other hand, learned counsel for the respondents while supporting the bail granting order states that bail has been…

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