Law: Criminal Laws Reform Ordinance, 2002

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,336,337-F(i),201,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 336, 337-F(i), 201, 148 & 149---Attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw, damiyah, causing disappearance of evidence, rioting, armed with deadly weapon, common object---Bail, grant of---Further inquiry---Scope---Contradictory statements of complainant---Prosecution case against accused was that she being mother-in-law of complainant made a phone call to the complainant for making settlement between him and his wife but when he reached at the specified place his wife with the help of six others amputated his penis---Neither the phone number was mentioned in the FIR nor any call data was available on record---History of the incident as mentioned in Medico-Legal Certificate (MLC) had contradicted with the FIR---Complainant had stated in the MLC that the accused alone had clenched him by neck but in the hospital he had told the Medical Officer that two women and four men had jointly held him by neck---Circumstances called for further inquiry within the meaning of S.497(2), Cr.P.C. to determine the guilt of accused---Accused was not required for any further investigation---Accused was a woman and the first proviso to subsection (1) of S.497, Cr.P.C. envisaged concession in the matter of bail for female accused irrespective of the gravity of the offence---Petition for grant of bail was accepted. Mst. Raeesa v. The State 1985 PCr.LJ 2823; Mst. Zebo v. The State 1989 PCr.LJ 594; Nasim Akhtar v. The State 2005 YLR 2870 and Mst. Nasreen v. The State 2006 YLR 2775 ref. ORDER TARIQ SALEEM SHEIKH, JUSTICE:---.--- Through this application the Petitioner seeks post-arrest bail in case FIR No. 239/2019 dated 13.7.2019 registered at Police Station Saddar Yazman, District Bahawalpur, for offences under Sections 324/336/337- F(i)/201/148/149 P.P.C. 2. As per FIR, the prosecution case is that the Complainant was married to Rabia Bibi. The lady used to quarrel with him and his family and about one month before the alleged incident she went to her parents' house in Chak No. 94/DB and also instituted a suit for recovery of maintenance in the Family Court at Yazman. On 13.7.2019,…

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