Law: Criminal Procedure Code (V of 1898)

Section: 49

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th February 1970, in Criminal Miscellaneous No. 7277 of 1969).   Criminal Procedure Code (V of 1898),---- ---- S. 497(5)-Bail, cancel lation of-Court finding no ground to interfere with order granting bail at stage of hearing-Another application can be moved for purpose at subsequent stage-Petition for Special Leave to Appeal against order of High Court refusing, cancellation of bail-Refused by Supreme Court. Date of hearing : 9th April 1970. ORDER WAHIDUDDIN AHMAD, J.-A case under section 363/366/376, P. P. C. has been registered at Police Station, Sadar, Tehsil and District Sahiwal, on the 15th May 1969, against respondent No. 1. The allegation against. him is that he trespassed into the house of the petitioner on the night between 14th May 1969 and 15th May 1969 and forcibly lifted Mst. Razia minor daughter of the petitioner aged about 13/14 years and took her upstairs and thereafter committed rape upon her on the roof of the mosque adjoining the house of the petitioner. Respondent No. 1 moved an application for bail which was dismissed by Cheema, J. but permission was granted to him to move another fresh petition when the commencement of the Intermediate Examination of Respondent No.1 draws near. Respondent No. 1, thereupon made a second application and he was granted bail by Shaukat Ali J. on the 4th December 1969, so that he may appear in his intermediate Examination held in December 1969, for appearing in the compartmental examination in Islamic studies and economics. His bail application was confirmed by Mushtaq Hussaain Munir J. on the 10th February 1970. The learned single judge…