Petitioner seeks post-arrest bail in case F.I.R. No.115 of 2002 dated 22-5-2002 under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 377, P.P.C.
Registered at Police Station Sahooka, District Veharri.
2. As per F.I.R., the petitioner is accused of committing sodomy with Sala-ud---Din (aged 10 years), son of the complainant.
3. Arguments heard. Record perused.
4. It is not denied that on the date of the alleged occurrence, age of the petitioner was 11 years and 9 months. Headmaster of the Government Primary School, Chak No.109/EB, Tehsil Burewala, District Vehari is also present in the Court alongwith record and he verifies this fact; that there is a delay of 3 days in lodging the F.I.R. And even the medical examination of the victim was conducted after three days; that as per report of the Medical Officer, petitioner is incapable of performing sexual intercourse; that the petitioner is behind the bars for the last more than five months; though the challan has been submitted to the learned trial Court, yet there is no likelihood of commencement of the trial in the near future and; that petitioner is required to be tried under the Juvenile Justice System. Ordinance, 2000 as he is below the age of 18 years.
5. Having been persuaded by the above factors taking together, I am inclined to allow this petition.
Resultantly, petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (One lac) with two sureties each in the sum of like amount to the satisfaction of the learned trial Court.