SHARIF HUSSAIN BOKHARI, J. - The petitioners Khalid Mahmood alias Baoo and Irfan Hussain alias Munnay Shah are involved in case FIR No., 410/96 which was registered on 19.8.1996 at Police Station City A Division, Sheikhupura at the instance of Mirza Nasim Baiq son of Mirza Saleem Baig against (he petitioners and co-accused Ishtiaq and Shuaib for the alleged offence under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 377 PPC for committing unnatural offence with Ahmad Yar who is son of the complainant.
2. Learned counsel for the petitioners submits that the co-accused Ishtiaq and Shuaib who were alleged to be armed with weapons in the FIR have been granted pre-arrest bail because they were found innocent during the investigation. He submits that similarly the petitioners were also declared innocent by Umer Faruq Bhatti, DSP, A, who also conducted investigation vide final report dated 5.11.1996. He further states that both the petitioners are below I6 years of age, therefore entitled to the concession of bail under section 497 Cr.P.C.
3. The learned counsel for the State who is assisted by Muhammad Yaqoob, S.I. States that the medical examination of the victim was conducted on 18.8.1996 although the alleged occurrence took place on 16.8.1996. He admits that vide report dated 5.11.1996, Umer Faruq Bhatti, DSP,CIA has opined that Khalid Mahmood alias Baoo and Irfan Hussain alias Munnay Shah, petitioners were found innocent.
4. The fact that the petitioners have been found innocent at least during one investigation by Umer Faruq Bhatti, DSP, CIA and that both of them are below I6 years of age, they are admitted to bail, subject to their furnishing bail bonds in the sum of Rs. 25,000/- (rupees twenty five thousand) each with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate. This application stands disposed of.