YASIN Versus STATE

ORDER

The petitioner being an accused under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 and under section 377, P.P.C. registered vide F.I.R. No. 310/92, dated 15-2-1992 at Police Station Saddar Sahiwal, has moved this Court for his bail mainly on the ground that he is a student of 4th Class and according to the birth entry his date of birth is 21-6-1984, therefore, his age if calculated comes out as 9 years. It was added that the case of the petitioner does fall under the proviso (1) to section 497, Cr.P.C. and, therefore, is entitled to the concession of bail.

2. Conversely, the release of the petitioner has vehemently been opposed by the learned counsel appearing on behalf of the State on the ground that the petitioner was examined by the doctor on the point of impotency and in his opinion he is fit to perform intercourse, although, being an aged about 9 years but would be considered as major in view of the medical report.

3. I have given my anxious considerations to the arguments advanced by both the sides and have also perused the record. Admittedly the petitioner is aged about 9 years and the allegation against him is that he committed unnatural offence with Muhammad Shahzad, the boy, aged 5 years.

4. Without touching the merits of this case, I am of the view that the case against the petitioner falls under the ambit of first proviso to subsection (1) of section 497, Cr.P.C. I, therefore, direct that he shall be enlarged on bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Deputy Magistrate/Illaqa Magistrate, Sahiwal.

N.H.Q.Y-15/L Bail allowed.