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Criminal Miscellaneous No. 3610/B of 1986, decided on 12th April, 1987.

--S. 497--Penal Code (XLV of 1860), Ss. 109, 302, 307, & 377/34--Bail, grant of--Accused found innocent during investigation and placed in column No. 2 of challan--Case of accused, held, was of further inquiry- - Bail granted in circumstances.

Hasnat Ahmad Khan for Dr. Khalid Ranjha for Petitioners.

Altaf Muhammad Khan for the State.

Amir Bakhsh, Khan Muhammad and Allah Bakhsh alongwith others stand charged with the murder of Zahoor Ahmad deceased and commission of sodomy with him.

2. The prosecution case is that on 6-8-1986, i.e. 12 days before reporting the matter to the police Allah Bakhsh petitioner called Zahoor Ahmad deceased to the house of the accused where Amir Bakhsh and Khan Muhammad held him by his arms and legs while Muhammad Nasrullah committed sodomy with him and Khizar Hayat inserted a stick into his anus.

The motive for the offence was that Khizar Hayat co-accused suspected the deceased of having illicit relations with his niece Mst. Kausar.

3. Bail is pleaded on the ground that the petitioners have been found innocent in the investigation and their names have been placed in column No. 2 of the challan. It is further stated that there is no allegation against any of them of having subjected the deceased to sodomy or of thrusting stick into his anus. It is further stated that it was a case of grave and sudden provocation which had been given a different colour. Delay of 12 days in reporting the matter to the police makes the case doubtful, it is stated.

4. Since the petitioners have been found innocent by no less an officer than an A.S.P., I consider the case to be one of further inquiry and accordingly admit the petitioners to bail in the sum of Rs.20,000 each with, two sureties each in the like amount to the satisfaction of A.C., Chiniot.

S.A./A-57/L Bail granted.

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