AISHAD ALI Versus UNIVERSITY OF PUNJAB, LAHORE

ORDER

This is a petition for granting bail to Muhammad Ashraf, petitioner herein, who stands arrested since 15-5-1993 in case F.I.R. No.94/93, dated 13-5-1993, under section 377, P.P.C. read with section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, lodged by Noman Iqbal, the victim in the case.

2. According to the prosecution, the complainant/victim, a son of Air Force employee, went with his mother to Chak No.320/J.B. for seeing their relatives, a day before the occurrence. At about mid-day the victim went out in the field for easing himself. He was sitting under a Burr tree when the petitioner herein alongwith Muhammad Anwar armed with knives forcibly lifted away the victim to the house of Muhammad Iqbal at the point of knife. The petitioner overawed the victim at the point of knife while his companion Muhammad Anwar stripped the victim naked by removing his Shalwar and committed sodomy with him. The victim raised alarm which attracted his mother and other residents of locality whereupon the accused escaped from the spot brandishing knives. Consequently, the instant case was registered. The medical examination of the victim supports the allegation. Petitioner's bail plea was declined by the lower Court, hence this petition.

3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

4. The petitioner is in jail for the last 8 months. Allegation against him is one of abetment. He did not commit sodomy himself with the victim. In the above circumstances, I feel inclined to allow this petition. The petitioner shall be released subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of trial Court.

N.H.Q./M-1414/L Bail allowed.