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Criminal Miscellaneous No. 2519/B of 1975, decided on 10th July 1975.
‑‑ S. 497(5)‑‑Bail, cancellation of‑Accused alleged to have commit ted sodomy in his house where his wife, mother and sister also residing‑F. I. R. lodged with delay of 3 days and examining doctor withholding his final opinion for lack of Chemical Examiner's report‑Order granting bail upheld‑Penal Code (XLV of 1860), S. 377.
Mian Muhammad Yasin Khan Wattoo for petitioner.
Ch. Ghulam Bari Saleemi for Respondent No. 1.
Malik Allah Yar Khan for the State.
This in an application for cancellation of bail granted to Master Muhammad Bakhsh, respondent.
2. The respondent is accused inter alia of an offence under section 377, P. P. C. for having committed sodomy on Muhammad Aslam. He was granted hail by the learned Sessions Judge, Sahiwal, on 17‑6‑1975.
3. He is a teacher in Government High School, Haveli, District Sahiwal. It is alleged that he called Muhammad Aslam complainant house on the evening of the occurrence and forcibly committed sodomy on him. The learned Sessions Judge granted him bail before arrest on the grounds that it was not possible for him to have done such an act in a house where his wife, mother and his young sister were also residing. Moreover, there is a delay of three days in lodging of the F. I. R. and the doctor has reported that no final opinion can be given till the opinion of the Chemical Examiner is received about the swabs taken by the doctor at the time of the examination.
4. Learned counsel for the petitioner contended that the reasoning of the learned Sessions Judge was not correct.
I am, however, inclined to agree with the view taken by the learned Sessions Judge. It may be mentioned that Mohammad Aslam complainant had previously made a similar complaint against a fellow student. The matter was entrusted for inquiry to the respondent, who found the allegation to be incorrect.
5. I am of the view that, in the circumstances of this case, the learned Sessions Judge was justified in granting bail to the respondent. The application for cancellation of respondent's bail is accordingly dismissed.
Application rejected.
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