Law:

Section:

Cancellation of pre-arrest bail-- ----Offence of sodomy--Complainant's son was studying in a religious madrisa--Victim was medically examined--Swabs were sent to chemical examiner--Report was positive--For grant of pre-arrest bail malafide on the part of the police or the complainant must be established in the bail granting order and these basic ingredients were missing--Twicely ad-interim bail allowed to accused and was dismissed on his non-appearance--Trial Court did not take notice of misuse of bail by petitioner--Deeper appreciation of evidence is not permissible while granting bail and the trial Court has given deeper appreciation of evidence discussing contradictions in the statements of complainant and the statement of victim boy which were even of minor nature, on such minor discrepancies ad-interim pre-arrest bail cannot be confirmed--Accused was nominated in FIR with specific role--Accused was not entitled for extraordinary discretionary relief--Petition allowed for cancellation of bail and pre-arrest bail granted to accused/respondent by Sessions Judge was withdrawn--Petition allowed. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Through this petition, the petitioner seeks cancellation of pre-arrest bail allowed to Respondent No. 2 in case FIR No. 677/2009 dated 15.08.2009 under Section 377 PPC Police Station Mumtazabad, Multan, by the learned Additional Sessions Judge, Multanvide order dated 30.10.2009. 2. Brief facts, as unfolded in the FIR by the complainant, are that his son, who is studying in a religious Madrisa for the last one year, situated in Majhipur Dunyapur Road. Multan, used to go to Madrisa in the morning from 6:00 a.m. to 2:00 p.m; on the day of occurrence he did not return home till 4:00 p.m. he (complainant) alongwith his real brother and maternal uncle went to search him and when they reached the Madrisa they found the child Shakeel Ahmad lying in injured condition on the Choubara of Madrisa, who told them that Hafiz Muhammad Khaliq had committed sodomy with him and ran away extending threats of dire consequences in case he reported the matter to anyone. Hence, this FIR. 3. After registration of the case accused…

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