MURAD Versus THE STATE

ORDER

The petitioner has been arrested in a case registered against him under section 377 read with Article 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Saddar Dera Ghazi Khan, vide F.I.R. No. 156, dated 15‑9‑1982, for having committed sodomy with Muhammad Siddique aged about 9/10 years. Learned Sessions Judge, Dera Ghazi Khan, declined bail to the petitioner vide his order, dated 26‑9‑1982, hence this petition.

2. According to the prosecution, the petitioner committed sodomy with Muhammad Siddique aged 9/10 years on 14‑9‑1982.

3. Learned counsel for the petitioner has argued that there is delay of more than 24 hours in reporting the matter to the police; that the petitioner is also a minor; that Article 12 of offence of Zina (Enforcement of Hudood) Ordinance, 1979 is not attracted to the facts of the case because the petitioner had not abducted the victim for sexual purposes; and that the petitioner is confined in jail for more than 5 months although the offence of sodomy under section 377, P.P.C. is not punishable with death or life imprisonment. As against this, the learned counsel for the State has opposed the grant of bail to the petitioner for he is charged with a heinous offence.

4. I have considered the arguments advanced by the learned counsel for both the parties and also perused the record.

5. In view of the detention of the petitioner for over five months in jail without trial coupled with the fact that the petitioner is minor, I am inclined to allow this petition. The petitioner be released on bail subject to his furnishing a bond in the sum of Rs.10,000 (Rupees ten thousand only) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate,/ Dera Ghazi Khan.

M.Y.H./M‑532/L Bail granted.