Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Penal Code (XLV of 1860), Ss. 376 & 506---Rape, criminal intimidation---Bail, grant of---Further inquiry---Allegation against accused was that he facilitated the co-accused in committing rape of the victim by standing guard with a weapon---Victim/complainant did not name/charge the accused for the offence in her statement under S. 164, Cr.P.C.---Nothing was available on record to connect accused with the commission of the offence---Case was one of further inquiry---Accused was granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 173---Bail, refusal of---Grounds--- Completion of challan---Challan put in court---Mere fact that challan was complete or put in court could not by itself be considered a good ground for refusing bail to the accused, if otherwise his case was found fit for grant of bail. Mst. Maria Khan v. The State and another 2013 SCMR 49 rel. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Having failed to secure relief from the courts below, Rahim Shahid has applied for bail before this court involved in case F.I.R. No. 84 dated 16-2-2013 under sections 376/506, P.P.C., registered at Police Station Khurshid Khan Shaheed (Khwazakhela). 2. Facts of the case are that Mst. Habib Nisa submitted an application before the District Police Officer, Swat, alleged therein that her parents were residing at Dubai while she was living with her brother and grandmother in the house, situated at Jaro Dhery, Khwazakhela. Accused Saeed Ullah was working as labour with the mason in her house. On the eventful day, the mason was on leave while she was present in her house all alone, when Saeed Ullah, after Asar time, came to the house on the pretext that he was watering the plaster. She opened the door and on entering the house, accused Saeed Ullah committed rape upon her at dagger point and threatened her not to disclose the event to anybody else. For his facilitation, Rahim Shahid (the present petitioner) was also standing armed with Kalashnikov. She alleged that she is already in nikah with one Javid and her "rukhsati" had not yet taken place. Upon the application, an enquiry…

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