Case Details

Citation(s)
2012 SLG 2538 2012 SLD 2538 2012 YLR 2252
Lahore High Court
Criminal Miscellaneous No. 4492-B of 2012, decided on 2nd May, 2012
ABDUL SAMI KHAN, J
Waqar-ul-Mohsin Lak for Petitioner. Mirza Abid Majeed, Deputy Prosecutor-General for the State and Shaheen Humayun, Superintendent of Police (Investigation), Khalid, S.I. and Abdul Ghafoor, S.I. with record

Sain HAIDER ALI

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.336/337-A(i)/34/328---Itlaf-i-salahiyyat-i-udw, shajjah-i-mudihah, common intention, exposure and abandonment of child under twelve years by parent or person having care of it---Bail, refusal of---Allegation against the accused was that he removed/cut the penis of the victim, who was a baby of two years, causing permanent sexual loss---Contentions of the accused were that there was a delay of one month in registration of F.I.R.; that no direct or indirect evidence was available against him; that he had been falsely involved in the case by the police with ulterior motives; that no date or time of the alleged occurrence was mentioned in the F.I.R.; that the accused was only giving treatment to the baby, and that the accused was a previous non-convict--- Validity--- Accused was nominated in the F.I.R. with the specific role of removing/cutting the penis of the victim, which was a vital organ of the human body---Act of accused was gruesome and had caused the victim to permanently suffer for the whole of his life---Weapon of offence had been recovered from the accused---Medico-legal report of the victim provided sufficient support to the allegations mentioned in the F.I.R.---Prima facie it seemed that the accused had indulged himself in the unnatural activity and played with the fate of a child---Offence with which accused was charged fell within the prohibitory clause of S.497, Cr.P.C---Grant of bail to the accused could provide him with an opportunity to continue repeating such offence---Sufficient material was available to connect the accused with the commission of the alleged offence---Bail petition of accused dismissed, in circumstances. Attique-ur-Rehman v. The State 2010 YLR 2446 and Khaliq Dad v. The State 2002 PCr.LJ 28 rel. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Sain Haider Ali petitioner has sought bail after arrest in case F.I.R. No.541/11, dated 11-9-2011 registered at Police Station Girjakh, District Gujranwala for offences under section 336, P.P.C. During the investigation sections 334, 337-A (i)/34, P.P.C. were added to the F.I.R.…
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