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Petitioner: MUHAMMAD YAMEEN VS Respondent: THE STATE
1988 M L D 730
1988 M L D 730
[Lahore]
Before Muhammad Sharif, J
MUHAMMAD YAMEEN and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 157/11 of 1988/BWP, decided on 21st February, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑Penal Code (XLV of 1860), S377‑‑Bail, grant of‑‑One petitioner accused of committing sodomy under 16 years of age and the other a student of 6th class‑ Petitioners allowed bail, in circumstances.
Shamshir, Iqbal Chughtai for Petitioners.
Hussain Amin Lodhi for the State.
ORDER
According to the facts narrated in the F.I.R. Jabbar Ali is an Octroi Clerk. His son Nadeem sought permission to play outside. The complainant went on duty and Nadeem went to witness the beat of drum near Fazil High School. When Nadeem was returning home, both the petitioners took him towards the canal on the pretext that they would water the plants and give him sweets there. He was subjected to sodomy by both the petitioners and the blood tracked from the anus of Nadeem. The matter was reported to the police. The Chemical Examiner has given a positive report.
2. As regards the offence committed by the petitioners they do not deserve the concession of bail but it may be noted that Muhammad Yamin is a student of 6th Class whereas the date of birth of Arshad is 1‑3‑1973 and he is also less than A f 16 years. Considering the younger age of the petitioners, I allow them bail in the sum of Rs.10,000 (Rupees ten thousand only) each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Hasilpur.
S.G.D./M‑587/L Bail allowed.