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MAHMUD versus STATE


Criminal Code (CR PC) Section 497 (2) read with the Code of Conduct (XLV of 1860), 5 377 bail, allegedly co-accused with applicant's grant, physically caught a boy and arrested him Abducted while a co-accused committed corruption with her. No sign of torture on the man nor exchange of money sent to Chemical Examiner has been found in applicant's money case, arrested

1984 P Cr. L J 2504

[Lahore]

Before Khizar Hayat, J

MAHMUD--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 930-B of 1983, decided on 9th July, 1983.

Criminal Procedure Code (V of 1898)--

---S.497(2) read with Penal Code (XLV of 1860), 5.377--Bail, grant. of--Allegedly petitioner alongwith co-accused physically seizing and kidnapping a boy while co-accused committing sodomy with him--Medico legal Certificate of victim showing no marks of violence on his person nor swabs sent to Chemical Examiner found stained with semen--Case of petitioner, held, one of further inquiry--Petitioner allowed bail, in circum stances.

Ch. Parvaiz Aftab for Petitioner.

Mirza Farrukh Aftab for the State.

ORDER

Mahmud petitioner, stands arrested in a case registered against him' and two others for having kidnapped Muhammad Salim, a boy of 12/13 years and seized him physically alongwith his co-accused Allah Ditta when Jani, the principal accused, allegedly committed sodomy with him. The incident was reported immediately at Police Station, Old Kotwali. During the investigation the petitioner as well as Allah Ditta, co-accused, were arrested of whom Allah Ditta has since been granted bail. However, petitioner's request for bail was declined. .

2. It is stated that Jani, the principal accused is a proclaimed offender.

3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.

4, The Medico-legal certificate of Muhammad Salim, *he victim, shows no mark of violence on his person. The rectal swabs taken by the doctor were sent to the Chemical Examiner and his report in the negative has been received. A.S.I. Muhammad Shafi who is present in Court with record has supported this assertion.

5. In the circumstances narrated above, I find that case of the petitioner is certainly one of further inquiry as to whether he participated in the crime alleged against him or not. Consequently I allow this petition. The petitioner be released on bail subject to his furnishing a bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Multan.

S.G.D. Bail granted.

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