Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 376

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.376---Rape---Bail, grant of---Further inquiry---Police report under S.173, Cr.P.C., showed that Police during investigation, found accused persons to be innocent and their names were placed in column No.2---Ipse dixit of the Police though was not binding upon the court, but it was a relevant circumstance to be taken into consideration while determining such like question; in view of such position, it was yet to be seen that as to whether accused ultimately could be held liable for the alleged offence---Mischief of subsection (2) of S.497, Cr.P.C., in circumstances, was amply attracted to the case of accused persons---Accused were stated to be behind the bars for the last about one year and their trial was yet to be commenced---Case for enlargement of accused on bail having been made out, they were admitted to bail, in circumstances. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Petitioner Jahangir and Zulfiqar through the instant petition have sought for post-arrest bail in case F.I.R. No.361 registered under section 376, P.P.C. with Police Station Tulamba, District Khanewal on 24-10-2007. 2. Briefly the prosecution case as per the F.I.R. is that on 28-9-2007, they along with others having fire-arms have taken away Mst. Kalsoom Mai, 16/17 years old, the daughter of the complainant to a cotton field across the canal and there they one after the other subjected her to sexual violence. 3. After hearing the learned…

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