Law: Pakistan Penal Code, 1860

Section: 377

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 377--Criminal Procedure Code, (V of 1898) S. 497(5)--Cancellation of bail--Nominated in FIR--Specific role--Question of--False implication of accused with commission of offence does not arise--Affidavit field by some people of locality in favour of accused cannot be treated as evidence to grant concession of bail affidavits produced by accused in support of bail application have neither been sworn or in presented by oath Commissioner hence cannot termed as a evidence on basis of which accused could be realesed on bail--Bail cannot be granted in a case in which accused is fully connected with commission of offence on basis of tentative assessment of material collected by prosecution--Deeper appreciation of evidence is not warranted under law at bail stage as same is job of trial Court--Reasons assigned by High Court for granting bail to accused are not plausible in nature rather same are capricious and arbitrary, hence, cannot be approved--Appeal accepted. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, JUSTICE- The titled appeal by leave of the Court has been filed against the order of the High Court dated 24.09.2016, whereby, while accepting the revision petition filed by the accused, he has been released on bail. This Court vide short order dated 04.07.2017, recalled the concession of bail granted to the accused by the High Court and now through the instant judgment, the detailed reasons for recalling the same are being recorded. 2. The brief facts forming the background of this appeal as depicted from the record are that the appellant, herein, lodged a report at Police Chowki Pagyal, Tehsil Samahni, District Bhimber, on 12.07.2016, alleging therein, that he is resident of Chowki Pagyal. He is a shopkeeper by profession. At about 9:30, a.m., his son, namely Umair Ali, whose age is 10 years went to the shop of Abid Shah for buying milk. Abid Shah, accused committed sodomy with the minor in the shop. This fact was disclosed by his son when he reached back at home. On this report, a case in the offence under Section 377, APC, was registered against the accused. He was apprehended by the Police. He moved an…

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