Case Details

Citation(s)
2021 SLG 746 2021 SLD 746 2021 PCRLJ 323
Peshawar High Court
Criminal M. B.A. No. 3796-P of 2019, decided on 1st January, 2020, Date of hearing: 1st January, 2020.
AHMAD ALI, JUSTICE
Niaz Ali Khan for Petitioner. Malik Akhtar Hussain Awan, AAG for the State.

BILAL JAN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 371-A,371-B

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 371-A 371-B---Selling person for purposes of prostitution, buying person for purposes of prostitution---Bail, grant of---Scope---Prosecution case was that the police officials including a lady constable, pursuant to general complaints regarding prostitution and selling/buying of girls for the purpose thereof, raided the place of occurrence, apprehended two girls and two boys, including the accused, in objectionable condition with certain incriminating articles---Story of prosecution was that there were general complaints regarding prostitution in the said building but record was silent about such complaints---No statement of the owner of the building was recorded so as to substantiate the stance of the complainant---Section 371-A 371-B, P.P.C. provided selling/buying persons for the purpose of prostitution while the accused was shown merely present in objectionable condition along with a girl---No medical report of accused was available on record to support the version of complainant--- Co-accused had already been granted bail by the Trial Court---No search warrant was obtained from the Judicial Magistrate, and having not done so, the case of accused required further inquiry as required by subsection (2) of S. 497, Cr.P.C.--- Petition for grant of bail was allowed, in circumstances. Mst. Kainat v. State 2016 YLR 974 and Salman Ghazanfar v. The State 2018 MLD 1446 ref. JUDGMENT AHMAD ALI, J.--- Through the instant petition, the accused- petitioner Bilal Jan, has sought his post arrest bail in case FIR No.864 dated 15.12.2019 under section 371-AB, P.P.C., registered against him at Police Station University Town, Peshawar. Same relief was, however, declined to him by the learned Trial Court vide order dated 21.12.2019. 2. Brief facts of the case, as per FIR, are that the complainant Wali Khan, SI, along with other police officials including a lady constable, pursuant to general complaints regarding prostitution and selling/buying of girls for the purpose thereof, raided the place of occurrence; apprehended two girls and two boys, including the present petitioner, from there in…
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