Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 341,354,376,509,511

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 354, 341, 509, 376 & 511---Assault or use of criminal force to a woman with intent to outrage her modesty, wrongfully restraining any person, insulting modesty or causing sexual harassment, attempt to commit rape---Bail, grant of---Further inquiry---Petitioner was not nominated in the FIR---Complainant alleged that petitioner caught hold the hands of her sister and assaulted her, with intent to outrage her modesty, while she was returning from the house of her uncle---Petitioner contended that he was entitled for the concession of bail as Ss. 376 & 511, P.P.C. were inserted in the charge later by the Police---Admittedly, no attempt had been made by the petitioner to commit Zina with the victim lady as it was not claimed by her---Neither clothes of alleged victim had been torn during alleged incident nor same had been taken off so as to commit Zina or Zina-bil-Jabar with her---Whether the allegations contained in the FIR/challan attracted the provisions of Ss. 376, 354 & 511, P.P.C. was question to be determined by the Trial Court on the basis of evidence---Petitioner was arrested after more than seven months of the incident---Contents of FIR revealed that petitioner/accused was not mentioned in the FIR but no identification parade was held---Petitioner was behind the bars for more than 5 months---Case of the petitioner called for further inquiry into his guilt as envisaged under S. 497(2), Cr.P.C---Petitioner was admitted to bail, in circumstances. THIS ORDER PASSED BY: ALI BAIG, J.--- Through the instant bail petition the petitioner/accused namely Muzasffar son of Shah Alam seeks post arrest bail in case FIR No.56 of 2017 dated 24-02-2017 registered under sections 354, 341, 509, 376/511, P.P.C. at Police Station Airport Gilgit. 2. Prior to that the petitioner/ accused had filed bail application in the court of the learned Addl. Sessions Judge Gilgit which was dismissed by the learned trial court vide bail order dated 14-6-2018, hence this petition. 3. Briefly prosecution story as unfolded in the FIR is that on 24-7-2017 at 1500 hours real sister of complainant Mst.…

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