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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), S. 376--Bail, grant of--Further inquiry--Rape was not proved--Report of Chemical examiner was negative--Allegation of--Unknown persons on fire-arm point had forcibly taken to a sugar cane crop subjected to Zina-bil-Jabar--Held: Case was certainly open to further inquiry into his guilt, so was covered u/S. 497(2) of Cr.P.C.--Bail was granted. Administration of Justice-- ----Each criminal case is to be adjudged in the background of its own facts and circumstances and the facts of two criminal cases seldom co-incide--Precedents are not applicable to the case due to its distinctive feature then those cases. 2010 YLR 45; 2007 PCr.LJ 1788 & 2008 MLD 337 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE---.--- Petitioner Muhammad Ashraf through the instant petition has sought for post arrest bail in case F.I.R. No.82 registered under Sections 376 PPC with Police Station Dal Waryaam, District Pakpattan on 07.6.2010. 2. Briefly the prosecution case as per the FIR is that on the night between 5/6.6.2010 at about 9.00 p.m., four unknown persons on fire-arm point have forcibly taken Mst. Waziran Bibi, the wife of the brother of the complainant, to a sugar cane crop and there he (petitioner) subjected her to zina-bil-jabbar. 3. After hearing the learned counsel for the parties and perusing the record, I find that according to the allegation, he took her from her house to a nearby sugar cane crop. The question that in such circumstance, whether the offence of abduction would be made out against him is to be seen at trial. As regards the other allegation of zina against him, there is case Diary No. 2 dated 13.6.2010, recorded by Falak Sher, ASI of the said Police Station to the effect that the lady was carrying on with him and she on the relevant day has taken her out in connection with such illicit intimacy. It is interesting to note that the lady Doctor in respect of the medical examination of the lady has opined that rape is not proved in her case. 4. The report of the Chemical…

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