Through this application under Section 497, Cr.P.C. Bashir Ahmed (petitioner) seeks post-arrest bail in a case F.I.R. No. 116-2005, dated 15-3-2005, registered under Section 377, P.P.C. at Police. Station, Satiana, District Faisalabad on the application of Zohra Khan, the complainant.
2. The brief allegation against the petitioner as alleged in F.I.R. is that on 23-12-2004 he had committed sodomy with Sohail Afzal aged about 8/9 years, brother of the complainant and the occurrence was witnessed by Nafar Ali and Zubair P.Ws.
3. The learned counsel for the petitioner contends that the petitioner is involved in this case due to enmity and challan has not been submitted in the Court; that report shows that incident had taken place 6/7 days prior to the registration of case, hence it is an afterthought story.
4. The learned counsel for the State has opposed this bail petition, on the ground that the petitioner had committed heinous offence, which falls within the ambit of prohibitory clause of Section 497, Cr.P.C.
5. I have heard the arguments advanced by learned counsel for the parties and perused the record with due care and caution.
6. According to the contents of F.I.R. the victim is about 8/9 years of age, but perusal of Medico- legal report shows that the minor (victim) is about 7 years and prima facie evidence has been collected due to abrasions on the body of the victim and medical evidence supports the allegation leveled against the petitioner. Even otherwise, there is no reason for the complainant to falsely implicate the petitioner in the present case in such heinous offence of sodomy committed with his minor brother. According to the Investigating Officer, challan has been prepared and sent up to the Court. In the above circumstances, I find that the petitioner has not been able to make out a case of further inquiry, as there are sufficient grounds to connect the petitioner with the commission of offence, which is punishable more than 10 years imprisonment. Hence, I do not find a fit case for the grant of bail and resultantly the instant bail petition is dismissed.