Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code, (XLV of 1860), S. 376(ii)--Bail, refusal of--Zina bil jabar turn by turn--Heinous offence--Falls within purview of prohibitory clause--Nominated in FIR with specific allegation of zina bil jabar--Allegation was prima facie supported by medico legal report--Two marks of violence on the body of victim--Held: Delay of 7/8 days in lodging of FIR was no ground to enlarge the accused on bail as bail application can be decided only on the basis of tentative assessment of evidence of the prosecution--Charge against the accused was framed by trial Court but the trial was being delay on account of act of the accused as witnesses were not being cross examined--Heinous offence which falls within the purview of prohibitory clause of S. 497, Cr.P.C.--Bail was refused. THIS ORDER PASSED BY: SARDAR MUAHMMAD SHAMIM KHAN, JUSTICE---.--- Muhammad Ramzan, the petitioner seeks post arrest bail in case FIR No. 44/2009 dated 16.03.2009 offence under Section 376(ii) of PPC, Police Station Chap Kalan, District Khanewal. 2. The allegation against the petitioner is that on 07.03.2009 at about 04.00 p.m., he along with his co-accused Azeem committed Zina-bil-Jabar with Mst. Fareeda Begum complainant, turn by turn. 3. Learned counsel for the petitioner submits that the alleged occurrence took place on 07.03.2009 whereas report of the occurrence was lodged before the police on 15.03.2009 and there is no explanation for such delay; that there are no marks of violence on the person of the victim and that the swabs which were sent to Chemical Examiner were found not stained with semen so the allegation of commission of rape requires further inquiry. Lastly, learned counsel for the petitioner submits that the petitioner was arrested on 20.05.2009 and he behind the bar for last about 11-months without trial. 4. Learned DDPP assisted by learned counsel for the complainant vehemently opposed the grant of bail to the petitioner on the ground that the petitioner is nominated in the FIR and there is specific allegation against the petitioner that he had committed rape with the complainant. Learned counsel for the…

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