' The petitioner seeks post-arrest bail in case F.I.R. No,114, dated 16-10-2004 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with sections 377/511/292, P.P C.
Registered at Police Station Mankera District Bhakkar.
2. Precisely allegation against the petitioner is that he attempted to oommit sodomy with the victim of this case.
3. The learned counsel for the petitioner as well as learned counsel for the State has been heard.
4. The learned counsel for the State informed that offence under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 has been deleted. The only offence remains against the petitioner under sections 377/511/292, P.P.C. The allegation against the petitioner is of an attempt to commit sodomy. Case of the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C.
5. The petitioner is sufficiently younger in age than the victim. The petitioner had lodged an F.I.R.Against the victim/complainant of this case and others in the occurrence vide F.I.R. No,115, dated 18-10-2004. In it he complains of commission of sodomy, committed with him on 10-10-2004.
Possibility of securing registration of false case against the petitioner cannot be excluded at this stage on account of petitioner's lodging report before the police station of the occurrence much prior to time, against the complainant. The- petitioner is of lesser age as compared to that of the complainant of this case. The case of the petitioner is, therefore, open to further inquiry on this count also.
6. For what has been discussed above, the petitioner has made out a case for bail. Resultantly, this petition is accepted and petitioner is admitted to bail provided he furnishes bail bond in the sum of