Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 173 & 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 376, 506 & 34--Cancellation of bail granted by judicial magistrate--Offence of zina-bil-jabar--Offence u/S. 376, PPC is punishable with death or imprisonment--Magistrate was not competent to grant bail as offence was triable by Court of Sessions--Delay in lodging FIR--Validity--No previous enmity between parties and it against common sense that petitioner would had concocted a story which can ruins her life--Offence falls u/S. 376, PPC, which is punishable with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty five years--Magistrate had nothing to do with merits and he was not competent to grant bail--Only function of magistrate after receipt a report u/S. 173, Cr.P.C. is transmit challan to Court of competent jurisdiction--Prima facie, there was sufficient material available to connect accused with commission of offence--Appeal was allowed. THIS JUDGMENT DELIVERED BY: Ijaz Ahmed Chaudhry, J.- Through this petition, petitioner seeks cancellation of bail granted to the Respondent No. 1 by the learned Judicial Magistrate in a case registered vide FIR No. 289 dated 19.6.2013 under Sections 376/506/34, PPC at Police Station Sara-e-Saleh, Haripur, which was affirmed by the learned two Courts below. 2. Brief allegation leveled against the respondent. No. 1 by the petitioner is that she entered into a partnership with the respondent-accused and had also given her five tolas of gold but despite lapse of a considerable time, the respondent did not pay her profit. Despite repeatedly asking by the petitioner, the respondent evaded to pay her share in the business. On 6th of June, 2013 the respondent asked her to accompany her to Abbottabat where he was statedly opening a business. On the said date, the respondent came along with another person and picked the petitioner from Punian stop, Haripur, and thereafter on the way they committed zina-bil-jabar with her on pistol point and also made her naked pictures. 3. After the registration of case, during the investigation, the Respondent No. 1 filed a…

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