Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 337-A,338-C,376

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 376, 337-A & 338-C -Rape, shajjah, isqat-i-janin---Bail, grant of---Further inquiry---Delay of fifteen days in registration of F.I.R. not explained by the complainant---No allegation of rape against accused in the F.I.R:---.---Alleged victim submitted affidavits in favour of co-accused persons against whom serious allegations were made in the F.I.R:---.---Such fact alone was sufficient to bring the case of accused under the ambit of further inquiry---Accused was not required for further investigation---Accused was granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497-Bail---Benefit of doubt---Scope---Benefit of doubt could be extended to accused even at bail stage. (c) Criminal Procedure Code (V of 1898)--- ---S. 497-Bail---Heinousness of offence as a ground to refuse bail---Validity---Mere heinousness of offence was no ground to refuse bail. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought his bail after arrest in case F.I.R. No.371 of 2012 dated 3-7-2012 under sections 376, 337A & 338C P.P.C., Police Station Saddar, District Pakpattan Sharif. 2. The learned counsel for the petitioner contends that the petitioner is innocent; he has been falsely involved in this case by the complainant who herself is a woman of dubious character; there is a delay of fifteen days in the registration of F.I.R. which has not been explained by the complainant, which clearly shows that the F.I.R. has been got recorded with due deliberations and consultations; even according to the contents of the F.I.R. there is no allegation of rape against the present petitioner; the provisions of section 376, P.P.C. are not attracted in this case as far as the present petitioner is concerned; he is previous non-convict and never involved in any other case; he is behind the bars since 27-8-2012; investigation of the case is complete and he is no more required for further investigation; his further incarceration in jail would not serve any useful purpose. 3. On the other hand learned Deputy…

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