Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.354-A & 353---Assault or use of criminal force to woman and stripping her off her clothes, assault or criminal force to deter public servant from discharge of his duty---Bail, grant of---Further inquiry---Provisions of S.354-A, P.P.C. would be attracted where victim was stripped off her clothes and was exposed to public view in that condition---Facts alleged in the F.I.R. did not constitute the offence under S.354-A, P.P.C.---Case of accused required further inquiry---Bail was granted. Gulzar alias Gulzar Ahmed v. The State 2003 PCr.LJ 727; Karam Dad and another v. The State and another PLD 2008 Lah. 308 and Abida Jabeen v. Imtiaz Ahmad and others 1997 PCr.LJ 600 rel. Zulfiqar and others v. The State 1996 PCr.LJ 620 distinguished. ORDER MUHAMMAD TASNIM, J.---Through this bail application, present applicant seeks pre-arrest bail in case F.I.R. No. 108 of 2010 registered under sections 354-A, 353, P.P.C., at Police Station, Mirpur Mathelo. The case as set out by the prosecution in the F.I.R. is that on 25-5-2010 complainant Mst. Samina lodged her F.I.R., alleging therein that she is deputed as staff nurse at Civil Hospital, Mirpur Mathelo and since long accused Wahid Bux used to disturb her on phone and insisted for a friendship with him, for which she replied that she belongs to a respectable family and being a married woman she cannot think so. On the same day, when complainant was on her way to Civil Hospital, Mirpur Mathelo, when at about 8-00 a.m., accused Wahid Bux along with one unidentified person came there. Accused Wahid Bux asked complainant as to why she is not ready to make friendship with him, on which she replied that she is a respectable lady, on which accused Wahid Bux became annoyed and forcibly embraced and kissed the complainant and thereby outraged her modesty. On her resistance, accuse Wahid Bux torn her clothes, worn by her. She raised cries, which attracted to P.Ws. Nazir Ahmed Chadhar and Akbar Gadani. Seeing them, accused ran away. Learned counsel for the applicant has submitted that there are pending litigation between the applicant and Dr.…

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