Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 371-A & 371-B--Bail, grant of--Offence of Zina--Search warrant was obtained and raided the brothel house--Accused was found in room alongwith female co-accused--Validity--Search warrant was not issued in a prescribed form after fulfilling the necessary conditions--No evidence that petitioner had committed Zina with female accused--No evidence of the recovered amount paid to female accused for the purpose of Zina--No independent witness from the locality was associated in the raid as well as during recovery of amount from possession of female accused--Statement of female accused cannot be used against the petitioner--Trial had not started till yet--Bail was allowed. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE---.--- Muhammad Ramzan, the petitioner seeks his post arrest bail in a case registered against him vide FIR No. 80/2010 dated 6.2.2010 for the offences under Sections 371-A & 371-B of PC, registered at Police Station City Burewala, District Vehari. 2. As per FIR, on 6.2.2010 police received secret information that Mst. Yasmin is running a brothel house in Street No. 9, Mujahid Colony, Burewala. On this information, the police obtained search warrant and raided the house and found in one room the petitioner along with Mst. Noreen who had put off their trousers (shalwar) and both of them were apprehended at the spot. Mst. Noreen produced Rs. 500/- which were taken into possession by the police and it was informed that Muhammad Ramzan, the petitioner had booked her for Zina for these Rs. 500/-. 3. Learned counsel for the petitioner submits that no time of occurrence has been given in the FIR; that there is no allegation that the petitioner was committing Zina with Mst. Noreen; that there is no evidence on the record that Rs. 500/- were actually paid by the petitioner to Mst. Noreen and the statement of co-accused can not be used against the petitioner; that no person from the locality has been associated in the raid as well as during recovery of Rs. 500/- from the possession of Mst. Noreen; that the search warrant which has been obtained by…

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