Law:

Section:

e. Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 376(1)---Rape---Bail, grant of---Further inquiry---FIR had been lodged with a delay of 14 days---Medico-legal certificate of the alleged victim did not depict any mark of violence on any part of her body---Chemical examiner had submitted his report in the negative in respect of the vaginal swabs of the alleged victim and the report of the D.N.A. test had been received in the negative---Perusal of the FIR showed that none of the eye-witnesses had in fact witnessed the alleged rape and it was the minor victim herself who had disclosed to them that the accused had committed rape with her---Material available on the record showed that the present case was merely a case of an attempt which had remained abortive or a case of a mere preparation---Investigating agency had already concluded that the allegation levelled against the accused was false and that upon completion of the investigation a report had already been submitted seeking cancellation of the FIR---Case against the accused called for further inquiry into his guilt within the purview of S. 497(2), Cr.P.C.--- Accused was admitted to bail accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---------------- Through this petition Haibat Khan petitioner has sought leave to appeal against the order dated 23.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 25817-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 380 registered at Police Station Langrana, District Chiniot on 25.09.2014 in respect of an offence under section 376(1), P.P.C. 2. After hearing the learned counsel for the petitioner, the learned Additional Prosecutor-General, Punjab appearing for the State and the complainant appearing in person and having gone through the record of investigation of this case with their assistance we have observed that the FIR in this case had…

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