' Mahmud petitioner, stands arrested in a case registered against him and two others for having kidnapped Muhammad Salim, a boy of 12/13 years and seized him physically alongwith his co- accused Allah Ditta when Jani, the principal accused, allegedly committed sodomy with him. The incident was reported immediately at Police Station, Old Kotwali. During the investigation the petitioner as well as Allah Ditta, co-accused, were arrested of whom Allah Ditta has since been granted bail. However, petitioner's request for bail was declined.
2. It is stated that Jani, the principal accused is a proclaimed offender.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. The Medico-legal certificate of Muhammad Salim, the victim, shows no mark of violence on his person. The rectal swa bs taken by the doctor were sent to the Chemical Examiner and his report in the negative has been received. A.S.I. Muhammad Shafi who is present in Court with record has supported this assertion.
5. In the circumstances narrated above, I find that case of the petitioner is certainty one of further inquiry as to whether he participated in the crime alleged against him or not. Consequently, I allow this petition.The petitioner be released on bail subject to his furnishing a bond in the sum of Rs,10,000 (Rupees ten thousand only) with one surety in like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Mu!Tan.