Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 377

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497, Pakistan Penal Code, (XLV of 1860), Ss. 377--Post arrest bail, grant of--Allegation of committing sodomy--Tentative assessment--Deeper appreciation or evaluation of; evidence at bail stage, neither desirable nor permissible--Crime report was lodged by complainant alleging the occurrence took place on 08.01.2020 and the victim was medically examined on 09.01.2020 but concerned doctor did not observe any sign of violence on alleged victim person--Further according to report of FSA, no seminal material was detected on the items sent by police, hence no DNA analysis were conducted--Report of PFA would hardly be helpful to prosecution as same prima facie does not corroborate the version of complainant, therefore, case of petitioner has become one of further inquiry--Consequently petition allowed and bail granted.   [Pp. 197] A B Order Through this petition under Section 497, Cr.P.C. the petitioner Muhammad Haroon @ Haroon Machhi, seek post-arrest bail in case F.I.R. No. 13 dated 09.01.2020 under Section 377, PPC, registered at Police Station Piplan District Mianwali. 2. Brief facts of the case are that a crime report was lodged by Muhammad Fayyaz complainant, stating therein that on 08.01.2020 at 05:00 pm the petitioner took son of the complainant namely Roman Ahsan to the Dera of one Zia Ullah and committed sodomy with him. 3. Heard. Record perused. Description: ADescription: B4. This is petition for postrarrest bail and only tentative assessment is to be made and deeper appreciation or evaluation of evidence at bail stage is neither desirable nor…

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