NAZIR HUSSAIN Versus STATE

ORDER

Petitioner seeks bail in a case registered against him and another with Police Station "B" Division, Sheikhupura for an offence under section 377, P.P.C. read with section 12, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. dated 6-8-1991. Allegation against the petitioner was that he alongwith his co-accused took one Javed Iqbal and thereafter subjected him to sodomy.

It was contended by learned counsel for the petitioner that the petitioner has been behind the Gar for more than a year yet the trial has not concluded. Submitted that co-accused of the petitioner against whom those were eye-witnesses and saw him committing sodomy, has not been arrested so far and, in these circumstances, rule of consistency demand that the petitioner may also be allowed bail. Argued that after thorough investigation the petitioner has now been placed in Column No,2 of the challan, which also entitles him to the concession of bail. Contentions were opposed by learned counsel for the complainant as well as counsel for the State.

2. I have heard the learned counsel and gone through the file. Co accused of the petitioner was declared innocent therefore, was not even arrested. In this view of the matter prosecution case becomes doubtful. After thorough investigation petitioner has also been declared innocent now and in supplementary challan he has been placed in Column No.2. The case of the petitioner has also become of further inquiry. Therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs.30,000 (Rupees thirty thousand only) with two sureties such in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sheikhupura.

N.H.Q./N-134/L Bail allowed.