' Sajjad alias Kaka and Shahid alias Bhola, the petitioners through the instant petition have sought for pre-arrest bail in Case F.I.R. No.285 dated 12-7-2003 under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 registered with Police Station City Muridke, Tehsil Ferozewala, District Sheikhupura.
2. Briefly the allegation against them as per F.I.R. Is that they on 8-7-2003 had kidnapped Bilal 10 years old, the son of the complainant Mst. Shahnaz Begum and thereafter they both subjected him to sodomy. On the noise of the victim, the complainant and the witnesses when entered that room, they fled away from the scene.
3. It has been contended on their behalf that they have falsely been roped in; that there is faur days delay in lodging the F.I.R.; that in one investigation conducted by the D.S.P. Muridke, they have been found involved in the matter but his investigation was unauthroised; and that there was no mark of violence on the anal area of the victim, boy, which suggests that he was not subjected to sodomy.
4. On the other hand, the learned counsel for the State assisted by the learned counsel for the complainant has opposed the petition on the ground that they are named in the F.I.R.; that delay in the F.I.R. Stands explained from the facts and circumstances of the case; that they in the investigation by the D.S.P. Were found involved in the matter; that report of Chemical Examiner is positive, which heavily suggests that the victim boy was subjected to sodomy; that there are statements of witnesses on record including the victim, who is boy of tender age, to implicate them with the crime; that no enmity of the complainant or ill will of the police against them has been suggested even by their side and so no mala fide either on the part of the complainant or the police had been there in their involvement in the case; and that they have played the game of hide and seek with the Sessions Court as they used to absent themselves after having interim pre- arrest bail therefrom and this fact alone disentitles the grant of extra ordinary relief of pre-arrest bail.
5. I have carefully considered the submissions made by both the sides with the help of available record.
6. They (petitioners) are named in the F.I.R. They allegedly had kidnapped the said boy and subjected him to sodomy in the house of the petitioner No.1/Sajjad alias Kaka. The delay in lodging the F.I.R. Per se is no ground to entitle them to the grant of extra ordinary relief pre-arrest bail. The report of Chemical Examiner is positive as the swabs sent there were found stained with semen. In the investigation conducted by the D.S.P., Muridke, they were found involved in the matter. The legal position of his investigation cannot be gone into at this stage.
7. No specific mala fide on the part either of the complainant or the police has been urged even by their side. There are on record the statement under section 161, Cr.P.C. Of the witnesses Shahbaz Ahmad and Muhammad Yagoob besides that of the complainant and the victim boy Bilal Ahmad.
The same prima facie connects them with the commission of the alleged crime, which is not only heinous in nature but also covered under the prohibitory clause of section 497(1), Cr.P.C. The record has also indicated that they had been playing hide and seek with the Sessions Court in the matter as they had applied there for such relief but after getting the interim pre-arrest bail did not appear there.
8. In these circumstances, I am not inclined to extend them such IC extra ordinary relief. The petition therefore, is dismissed.
Pre-arrest .