Mst. HAFSA vs KHAN BACHA S — 2022 PCrLJ 372 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 372 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: Mst. HAFSA vs KHAN BACHA S
Subject matter: Criminal
Provisions referred to: S. 497; S. 53---K; S. 15---R; S. 173; Penal Code (XLV of 1860); Welfare Act (XIII of 2010); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. HAFSA VS KHAN BACHA S. 497(5)---Penal Code (XLV of 1860), Ss. 376, 496-A & 342---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Rape, wrongful confinement, illegal marriage, sexual abuse with child and illegal weapon---Bail, cancellation of---Fresh ground---Non-submission of Challan---Effect---Complainant was 8/9 years of girl who was sexually abused by accused---Accused was released on bail on the ground that challan was not submitted---Validity---Submission or non-submission of Challan under S. 173, Cr.P.C. in a case was never considered as fresh ground for bail in such heinous offence--- Post arrest bails were exhaustively been dealt with in S. 497, Cr.P.C. which too nowhere empowered the Courts for grant of bail to accused on the ground of submission or non-submission of Challan by prosecution---Trial Court was not properly assisted regarding such legal propositions and as such passed the order without showing any justification on the record---High Court directed to take accused in custody and recalled the bail granting order to him---Bail was cancelled, in circumstances. Head NotesCase Description

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