SAEED AHMED Versus THE STATE

ORDER

This is an application for grant of bail to Saeed Ahmad in case under section 12 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 377, PPC registered at P.S. Gulberg, Faisalabad vide FIR No.62 dated 22‑1‑1987.

2. The prosecution case is that the petitioner abducted Mian Khan a boy of 8 or 10 years of age and committed sodomy upon him.

3. Learned counsel for the petitioner submitted that the story of the prosecution that the petitioner lifted the child to the roof of the factory is highly improbable; that the petitioner has been involved falsely in the case and the early hearing of the case is not in sight. The learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I have not been able to persuade myself agree with him. I find that in the FIR lodged by Mian Khan, the victim of the crime, he has levelled allegations of this abduction by the petitioner in order to subject him to unnatural lust; that the petitioner also committed sodomy upon him: that the medical evidence reveals that the sodomy had been committed on Mian Khan complainant; that in view of the material collected by the police during the investigation, it cannot be said that there are no reasonable grounds to believe that the petitioner has committed the alleged offences and that the statutory time for the conclusion of trial has not elapsed so far.

For what has been said above, there being no merit, they petition is dismissed at this stage.

M.Y.H./S‑175/L Bail refused.