According to the F.I.R., the petitioner had illegally confined Muhammad Nawaz m a room after making him unconscious, and had also locked the room. The complainant after summoning the petitioner and other Muhalladars broke open the lock of the room, and found Muhammad Nawaz unconscious who was wearing Shalwar, while the string thereof was open. The complainant stated that the petitioner had been committing sodomy will, Muhammad Nawaz, and also confined him in the room illegally.
2. During the course of investigation, the petitioner was found involved in the commission of offence. It is argued that in fact it was not the petitioner, but was one Yasin who had subjected Muhammad Nawaz to sodomy.
3. I have summoned the victim of attack, and the father to appear before this Court today. His father expresses his ignorance about the offence and about the fixation of this case before this Court for today. He further explained that he did not know as to whether an application was moved before the S.P, stating therein that it was Yasin who had committed sodomy with his son Muhammad Nawaz deleting the name of the petitioner. I have also examined Muhammad Nawaz, who also asserts, that it was not the petitioner but Yasin had committed sodomy with him. In this view of the matter, I direct the S.H.O. Police Station Tibbi City to look into the allegation, and join Muhammad Yasin in the investigation of this case, so that, the real culprit can be unearthed.
4. As far as the petitioner is concerned, his case appears to be of further enquiry, therefore, I direct that the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Assistant Commissioner City, Lahore.