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Criminal Miscellaneous No. 562/6 of 1985, decided on 17th June, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 377‑‑Bail, grant of‑‑All eye‑witnesses having sworn affidavits about innocence of accused‑‑Fact not controverted‑--Bail granted in circumstances.
Ijaz Muhammad Bhatti for Petitioner.
Sh. Abdul Rahim for the State.
Muhammad Saleem, petitioner, is accused of having committed carnal intercourse against the order of nature with Ghulam Murtaza, complainant, on 4‑12‑1984. At his instance, the case was registered with Old Kotwali Police, Multan. The petitioner has been arrested and challaned.
2. The petitioner having remained unsuccessful to obtain bail from the Court of Additional Sessions Judge, has filed the instant petition. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
3. It is contended that the case is false and that all the eye‑witnesses, namely, Muhammad Hassan, Malik Allah Yar and also Hap Muhammad Hussain, the alleged father of the victim, have sworn affidavit as to the innocence of the petitioner. This fact has not been controverted by the other side. In the circumstances, I feel inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail‑bond in the sum of Rs.10,000 (Rupees Ten Thousand only) with one surety in like amount to the satisfaction of A.C./Duty Magistrate, Multan.
S. A. Bail granted.
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