Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 376/511

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.376/511---Bail, grant of---Further inquiry---Accused though was nominated in the F.I.R. with specific role of commission of heinous offence, but, evidence available on record was not confidence inspiring for the reason that it was clearly mentioned in the F.I.R. that two eye-witnesses of the occurrence, who had categorically stated in F.I.R. that they had seen the occurrence with their own eyes and one of them being real brother of the victim stated that he had seen accused dragging his sister and tried to commit Zina-bil-Jabr with her---Said part of the story of the F.I.R. seemed implausible, irrational and unbelievable because it was practically not possible for a brother to stand like a silent spectator when modesty of her sister was being outraged---Another eye-witness, being also present at the place of occurrence and both eye-witnesses could have easily apprehended accused when he was empty handed---It would not appeal to ones mind that occurrence had ever taken place---Simply recovery of broken string, shalwar and shirt could not connect accused with the commission of an offence until and unless same was corroborated by the independent witnesses---No medical examination of the victim was conducted in order to establish the marks of violence on her body---Argument advanced by the counsel for accused was more plausible regarding the previous enmity between the parties---Accused could have been involved in the case because of the enmity---Offences under Ss. 376 & 511, P.P.C., in circumstances, were not made out against accused---Case of accused being that of further inquiry into his guilt, he was admitted to bail, in circumstances. Atta Muhammad v. The State 2007 PCr.LJ 1149; Muhammad Asif alias Muhammad Ilyas v. The State 2004 YLR 378 and Tahir Abbas alias Babar Ali v. The State 2001 MLD 1559 ref. THIS ORDER PASSED BY: KHURSHID ANWAR BHINDAR, JUSTICE:---.--- The petitioner seeks post arrest bail in case F.I.R. No.107 of 2008, dated 12-5-2008, registered under sections 376/511, P.P.C. at Police Station, Ahmad Yar District Pakpattan. 2. Precise allegation against the…

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