Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 377, 34

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 377 & 34---Unnatural offence, common intention---Bail, grant of---Further inquiry---Prosecution case was that the complainant was subjected to sodomy by three persons in the baithak of applicant--In his statement recorded under Section 164, Cr.P.C, victim had narrated the incident in graphic details---Incident took place on 22.04.2024 while FIR was lodged on 24.04.2024 and complainant was also examined on the same day--According to the medical report, which was done promptly after lodging of the crime, no injury, bruise, laceration and tear mark was seen around the anus---First Information Report was lodged after two days of the occurrence and no plausible justification had been given for the same---Neither the applicant was accompanying the principle accused at the time of forcibly removing the complainant from the park with the house of applicant nor had he committed sodomy with the complainant---Possibility could not be ruled out that the FIR was registered with deliberation and consultation in order to frame the applicant---No useful purpose would be served by keeping the applicant behind bars for an indefinite period till the conclusion of the trial---Case of the applicant squarely fell within the ambit of S.497(2), Cr.P.C, entitling for further inquiry into his guilt---Applicant was admitted to bail, in circumstances.ORDERMUHAMMAD HASHIM KHAN KAKAR, C.J.---Through this application the applicant viz. Shah Zaman Son of Muhammad Ismail seeks concession of post arrest bail in Crime No.130/2024 dated 24.04.2024 registered with Police Station Brewery, Quetta, under Sections 377/34 P.P.C., which was declined by the learned Additional Sessions Judge-VI, Quetta, vide order dated 01.06.2024, hence the instant application.2.    We have heard Mr. Shoaib Ahmed Mengal, learned counsel for the applicant, Mr. Zahoor Ahmed Baloch, learned Additional Advocate General (AAG), assisted by Dr. Ali Mardan, Police Surgeon and Mr. Muhammad Shabbir Rajput, Advocate, counsel for the complainant and also perused the available record.3.    It is case of the…

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