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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUSTAFA VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1365
[Lahore]
Before Khizar Hayat, J
MUSTAFA‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No.3576/ B of 1987, decided on 21st November, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑Bail, grant of‑‑Accused about 15 years old and in jail for about 7 months‑‑Parties appearing to have effected compromise and all eye‑witnesses including mother of victim of sodomy having sworn affidavits absolving the accused‑‑Accused allowed bail, in circumstances.
Mehr Ghulam Ali Mubasher for Petitioner.
Nemo for the State.
ORDER
Mustafa, petitioner herein, is accused of committing carnal intercourse against the order of nature with Aamer Iqbal aged 4/5 years. He was declined bail by the lower Court, hence this application.
2. The occurrence was allegedly witnessed by Mst. Latifan, mother of the victim and Yasin and Saleem P.Ws. The matter was reported to the police by Muhammad Siddiq, father of the victim on 28‑4‑1987 at Police Station, Okara.
3. The order of learned Additional Sessions Judge, Okara, dated 4‑10‑1987, whereby the petitioner was declined the grant of concession of bail shows that all the witnesses including the other of the victim had sworn affidavits to the effect that they did not see the petitioner committing sodomy with Aamer Iqbal. Feeling aggrieved to this order, the instant petition has been filed.
4. I have heard learned counsel for the petitioner and also gone through the documents relied upon by the petitioner.
5. According to birth certificate, the petitioner is about 15 years old. It appears that a compromise has been effected between the parties and that is why of all the persons the mother of the victim has sworn affidavit absolving the petitioner. The petitioner is in jail for about 7 months. In the circumstances I would allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of trial Court.
S.G.D./M‑461/L Bail allowed.