PESHAWAR, Aug 23: The Peshawar High Court on Wednesday dismissed a petition seeking cancellation of bail granted to former world squash champion Jansher Khan by a subordinate court in a case of trespass and attack on a woman.
A PHC bench comprising Justice Said Maroof Khan observed that Mr Khan was entitled to the concession of bail.
The bench also allowed bail petition of two alleged accomplices of Mr Khan, Aulia Khan and Nawab Khan, directing them to furnish two sureties of Rs50,000 each.
Jansher Khan was granted bail by an additional district and sessions judge on July 22. Mr Khan, his brother-in-law and four others were arrested on July 13 after their pre-arrest bail petition was rejected by a court.
Advocate Gohar Rehman Khattak appeared for Mr Khan and the two other accused and contended that they had been falsely implicated in the case. He argued that Section 354A of the Criminal Procedure Code was applicable only to those cases when a woman was exposed to public view, whereas in the present case the complainant had charged Mr Khan of tearing off her clothes.
The lawyer contended that only Section 354 was applicable to the case, dealing with attack on a woman, for which maximum sentence was of two-year imprisonment and it was a bailable offence. He argued that no independent witness could depose against the accused.
Advocate Hussain Ali appeared for the complainant and contended that the offence for which the petitioners had been charged carried a maximum sentence of death and thus they were not entitled to bail.
































