Mst. Salma vs State

Judgment Sheet

IN THE PESHAWAR HIGH COURT, PESHAWAR

JUDICIAL DEPARTMENT

JUDGMENT

Cr. M/BA No.131-P/2015 Date of hearing......23/02/2015

Mst. Salma.....Vs.........The State Petitioner(s) by Mr. Munir Hussain Advocate, Respondent(s) by Mr. Anwar Zeb Advocate.

ABDUL LATIF KHAN, J:- Through this single order, I intend to dispose of instant petition filed by petitioner Mst. Salma and connected BA No.144- P/15 filed by Mst.Lal Baha, Qaisar Ali & Dil Agha, as both the petitions are outcome of one and same FIR No.54 dated 11.01.2015, u/ss 371(A)(B) PPC, P.S. Faqir Abad, Peshawar.

2.As per prosecution case, the local police on spy information regarding running of brothel house, raided the house of Mst.Salma where petitioners were found in objectionable condition/immoral activities who were arrested and a case vide FIR mentioned above was registered against the accused.

Arguments heard record perused.

3.Perusal of record reveals that petitioners were arrested red handed on the spot in objectionable condition while busy in immoral activities in the said house who failed to offer any plausible explanation regarding their presence in the said house as they belong to different areas and no relation inter se exists which connects them with the commission of offence. No enmity, ill-will or malafide has been pointed out on the part of complainant/prosecution due to which the petitioners have falsely been implicated in the instant case.

4.The offence is heinous in nature,

affecting the society at large and also falls under the prohibitory clause of Section 497(1) Cr.PC. The site plan also supports the prosecution case wherein the places/points of petitioners at the time of their arrest in objectionable condition, have been mentioned which prima facie connect them with the commission of offence and granting bail to them would amount to encourage such like activities which affects the society at large especially the

peaceful lives of neighbours residing near the said brothel house therefore, petitioners are not found entitled to the concession of bail.

5.In view of what has been observed above, this petition being devoid of merit is dismissed. However, the prosecution is directed to submit complete challan against the petitioners within a fortnight and the trial Court is directed to conclude the trial expeditiously.

Announced.

Dt.23.02.2015.

JUDGE

“A.Qayum”