Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 371A,371B

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.371-A & 371-B---Selling person for purposes of prostitution etc. and buying person for purposes of prostitution etc.---Bail, grant of---Police raided the house after obtaining search warrants, but search warrants were not issued in a prescribed form after fulfilling the necessary conditions---Short order of the Magistrate, did not show that what material of any sort was before him to make him believe that he must issue the warrants---No evidence was available to the effect that accused was committing zina with female/co-accused---No evidence was on record showing that accused paid Rs.500 to the woman accused for the purpose of zina---No independent witness from the locality was associated in the raid as well during the recovery of Rs.500 from the possession of woman/co-accused---Statement of woman/co-accused could not be used against the accused---Police after investigation had submitted challan before competent court; and the trial had not started---Accused was admitted to bail, in circumstances. 2010 PCr.LJ 231 (FSC) ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, J.--- Muhammad Ramzan, thepetitioner seeks his post-arrest bail in a case registered against him vide F.I.R.No. 80 of 2010, dated 6-2-2010 for the offences under sections 371-A and 371-B of P.P.C. registered at Police Station City Burewala, District Vehari. 2. As per F.I.R., 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 andfound 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 F.I.R.; that there is no allegation that the petitioner was committing Zina with Mst. Noreen; that there is no evidence…

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