RASHID AZIZ KHAN, J.-- Petitioner seeks bail in a case registered against him and another with Police Station 'B' Division, Sheikhupura, for an offence under section 377 PPC read with section 12 Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide FIR dated 6.8.1991. Allegation against the petitioner was that he alongwith his co-accused took one Javed Iqbal and thereafter subjected him to sodomy.
2. It was contended by learned counsel for the petitioner that the petitioner has been behind the bar for more than a year yet the trial had not concluded. Submitted that co-accused of the petitioner against whom Oman were eye witnesses and saw him committing sodomy, has not been arrested so far and, in these circumstances, rule of consistency demand that the petitioner may also be allowed bail. Argued that after thorough investigation the petitioner has now been placed in column No.2 of the challan, which also entitles him to the concession of bail. Contentions wcre. Opposed by learned counsel for the complainant as well as counsel lor the State.
3. I have heard the learned counsel and gone through the file. Co- accused of the petitioner was declared innocent therefore was not even arrested. In this view of the matter prosecution case becomes doubtful. After thorough investigation petitioner has also been declared innocent now and in supplementary challan he has been placed in column No.2. The case of the petitioner hits also become of further inquiry. Therefore the petitioner is allowed bail provided he furnish security in the sum of Rs. 30,000/- (Rupees thirty thousand only) with two sureties each in the like amount to the satisfaction of Assistant Commr:/Duty Magistrate, Sheikhupura.