Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.371-A & 371-B---Selling and buying person for purpose of prostitution---Bail, grant of---Further inquiry---No written complaint from the public or statement of any individual of the locality, or the surrounding houses to support the version of the complainant was available on record---No medical evidence was available to justify the allegation of sexual intercourse against (female) accused---No evidence had been collected in support of allegation of buying and selling persons for the purpose of prostitution by (male) accused persons---Application of Ss.371-A & 371-B, P.P.C., in circumstances, was a matter which required further probe, because provisions of said sections, would only apply to person who sell or purchase any person with the intent that such person would be used for the purpose of prostitution or illicit intercourse---No such evidence had been collected---In absence of any such warrant and association of the notable of the area, alleged raid could not be termed any better than an intrusion of the privacy of the citizens; which was an act prohibited by the Constitution, law and the Holy Quran---Legislature in their wisdom, having regard to the existing norms of the society, were conscious of the fact that, if cases under such offences were permitted to be registered on spy information; or on the complaints lodged by anonymous person, such practice would have encouraged reports involving innocent men or women for ill designs---Accused persons had no previous history in such like offences---Case of accused persons being arguable for the purpose of bail, they were admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:----------- Petitioners 1. Mst. Kainat 2. Mst. Meena and 3. Anwar, seeks bail in case FIR No.1446 dated 11.11.2015, registered under sections under sections 371-A, 371-B in Police Station Paharipura, Peshawar. 2. According to prosecution case, Sajid Khan ASI, on receipt of public complaints qua running of prostitution den in the house of one Abdul Hameed, he along with other police officials, raid the said…

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