Through this petition, the petitioner seeks post-arrest bail in case FIR No, 179/06 dated 16.6.2006 registered under Sections 12/7/79 Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with Section 377 PPC with Police Station Saddar Burewala District Vehari. According to the FIR, the petitioner alongwith the main accused Arif abducted to Mustansar Aftab son of the complainant by way of enticement and took him to barely field and committed unnatural offence; the complainant on coming into knowledge attracted to the spot alongwith the witnesses and saw the petitioner standing at the spot catching hold of shirt of the victim while Arif co-accused was subjecting him to unnatural offence; the petitioner and co-accused ran away.
2. It is argued by the learned counsel for the petitioner that according to the story of the FIR, the petitioner was standing at the spot but he was not committing unnatural offence at that time; according to the investigation, the petitioner was standing at "BANNA " and he was not committing unnatural offence; statedly the witnesses Shafique and Ehtisham before the police have stated in the same manner; admittedly the main accused is absconding; according to the result of investigation, the main offence is attributed against Arif co-accused, statedly the petitioner was arrested on 21.1.2007 but there is no likelihood of conclusion of the trial in near future. Learned Deputy Prosecutor General has opposed these grounds mainly on the ground that the offence falls within the prohibitory clause and that the petitioner has allegedly subjected the victim to unnatural offence.
3. Heard. According to the result of the investigation, the petitioner was standing at "BANNA" for the watching purposes; the co-accused is absconding; the challan is not complete. According to the prosecution witnesses recorded by the police under Section 161 Cr.P.C., as alleged, the petitioner has not taken his turn and has not committed unnatural offence. In my view it is a matter of further enquiry and the prosecution may prove its case in the witness-box to the extent of the petitioner, if he has also committed the offence alongwith the main accused or not as he is not the main accused. There is no likelihood of conclusion of the trial in near future and concession of bail cannot be A withheld in the circumstances. Therefore, the petitioner is admitted to post arrest bail subject to his furnishing the bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the trial Court. This petition is accordingly allowed.