This petition has been moved by Umar Zia and Syed Nasrullah Shah accused in case FIR No. 510 dated 08.06.2020 for the offences under Sections 377/51 1, 292-C, PPC registered at Police Station Gallah Mandi, Sahiwal seeking post arrest bail.
2. Arguments heard and record perused.
3. Allegation against petitioners as per FIR is that they made an attempt to commit sodomy with one Waqar Ali Shah and filmed the incident. FIR was registered on the complaint made by Shahi d Mahmood ASI who proceeded on the basis of spy information. Alleged victim Waqar Ali Shah has not come to surface so far as there is not available on record his statement under Section 161, Cr.P.C. This sole factum makes the case against petitioners one of further inquiry . Petitioners are behind the bars and are no more required the purpose of investigation. Their further incarceration as under-trial prisoners at this stage would serve no useful purpose. For the reasons recorded above, this petition it accepted and petitioners be released on bail, subject to their furnishing bail-bonds in the sum of Rs. 1,00,000/- each with one surety each in the like amount to the satisfaction of trial Court.