Application for cancellation of bail

  Citation Name  : 2013  PCrLJ  730     PESHAWAR-HIGH-COURT
  Side Appellant : MUHAMMAD AKBAR
  Side Opponent : Mst. RUKHSANA BIBI
     
 
S. 497(2)---Penal Code (XLV of 1860), Ss. 376 & 338-A---Rape and Isqat-i-Haml---Bail, grant of---Further inquiry---Accused was arrested on the allegation that he had committed rape with victim girl who got Isqat-i-Haml (abortion )---Validity---Victim or any of her relative did not lodge any complaint to local police in respect of such cruelty perpetrated upon a young girl---Information in respect of abortion would have gone unreported if complainant had not interrogated the victim---All such facts taken in juxtaposition made the case of accused one of further inquiry entitling him to concession of bail---Bail was allowed in circumstances.

 
 
  
 
     
             
             
  Citation Name  : 2012  YLR  1680     PESHAWAR-HIGH-COURT
  Side Appellant : MUHAMMAD RIAZ
  Side Opponent : State
     
 
S. 497(5)---Penal Code (XLV of 1860), Ss. 365-B & 376-Kidnapping, abducting or inducing woman to compel for marriage etc., rape---Application for cancellation of bail---Initial report lodged by the complainant showed no one charged by name and for a period of more than two months, no accusing finger was pointed out by the complainant party at the accused persons---Alleged abductee in her statement under S. 164, Cr.P.C charged the accused persons for her abduction as well as keeping her in illegal confinement and committing zina-bil-jabr with her and levelled a host of other allegations against them---Act of alleged abductee in leaving the house unaccompanied by any male or female member of the family during dark hours of the night to attend the call of nature and the simultaneous presence of the accused persons at that very hour waiting for her, and then abducting her and keeping her at a secluded place for over two months, committing zina-bil-jabr with her and then leaving her at the house of her sister on the condition that she would not disclose their names and instead involve another person, her pregnancy and subsequent abortion , were all too preposterous questions to be resolved during the course of trial---Bail granting order of lower Court did not call for any interference and, therefore, application for cancellation of bail was dismissed, accordingly.