' This is an application for bail after arrest in case F.I.R. No, 109 of 1998 Police Station Kanganpur District Kasur, registered under section 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The allegation against the petitioner was that he committed sodomy with son of the complainant namely Naveed Ahmad aged about 8/9 years. Learned counsel for the petitioner submits that the complainant and the eye-witnesses have sworn affidavit to the effect that they had not seen the occurrence and they also appeared before the learned Additional Sessions Judge at the time of bail application of the petitioner and this fact is mentioned in the order of the learned Additional Sessions Judge which is attached with this petition as Annexure B. On the other hand, learned State counsel submits that these witnesses have not appeared before the Investigating Officer.
2. I have heard the learned counsel for the parties and gone through the record. The order of the learned Additional Sessions Judge shows that the complainant who is father of Naveed Ahmad, he alongwith other eye-witnesses have sworn affidavits to the effect that they had not seen the occurrence and had exonerated the petitioner. In these circumstances, the case of the petitioner is covered by section 497(2), Cr. P.C. Which requires further inquiry into the guilt of the petitioner.
Petitioner is allowed bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Kasur.