Case Details

Citation(s)
2016 SLG 2414 2016 SLD 2414 2016 SCMR 1523
Supreme Court of Pakistan
Criminal Petition No. 118-L of 2016, decided on 9th March, 2016. Date of hearing: 9th March, 2016. (Against the order of the Lahore High Court, Lahore Dated 26-11-2015 passed in Crl. Misc. No. 12755-CB of 2015)
MANZOOR AHMAD MALIK AND SARDAR TARIQ MASOOD, JJ
M.D. Chaudhry, Advocate Supreme Court for Petitioner. Ch. Din Muhammad Meo, Advocate Supreme Court for
Respondent No. 2. Asjad Javaid Ghural, Additional P.G. and Naimat, SI for the State.

ABDUL GHAFFAR

VS

THE STATE AND OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 377---Sodomy---Bail, grant of---Further inquiry---Sample for DNA test was sent to the Forensic Science Agency---Doctor in his final opinion had opined that no act of sodomy was committed---Further the accused remained behind bars for about nine months---Case of the accused called for further inquiry in the light of the opinion of the doctor---High Court had fallen in error in setting aside the bail granting order passed by the Trial Court---Order passed by Trial Court granting bail to accused was restored accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:----------------- C.M.A. No. 51-L of 2016. For the reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned. Crl. P. No. 118-L of 2016 2. Petitioner calls in question the order dated 26.11.2015 passed by the learned Lahore High Court, Lahore whereby petition for cancellation of bail filed by respondent No.2/complainant was allowed and the order dated 02.09.2015 granting bail to the petitioner or passed by the learned Additional Sessions Judge, Chunian was set aside. 3. After hearing the learned counsel for the parties, learned Additional Prosecutor General and having gone through the…
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