Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Post arrest bail--Offence of Zina (Enforcement of Hudood) Ord. 1979, S. 12--Pakistan Penal Code, (XLV of 1860), S. 377--Bail, allowed--Further inquiry--Allegation of sodomy--Held: Petitioner was found innocent during the course of investigation and he was not challaned--He was summoned by trial Court and he has furnished the requisite bail bonds--He continued appearing before trial Court and it was on account of his illness that he could not appear before Court, hence concession of bail granted to him was withdrawn, petitioner's case required further inquiry into his guilt--Bail allowed. THIS ORDER PASSED BY: ANWAR-UL-HAQ PANNUN, JUSTICE---.--- The petitioner, Khalid Rashid alias Abdul Khaliq son of Abdul Rasheed, seeks his release on bail in case FIR No. 274/2004, dated 10.6.2004, offence under Section 12 Offence of Zina (Enforcement of Hadd) Ordinance (Ordinance VII) of 1979 read with Section 377 PPC, registered at Police Station, Jahanian, District Khanewal. 2. Precisely stated the facts of the case are the petitioner has been involved in the aforesaid case with the allegation that the petitioner along with two others have committed sodomy with the complainant. Accordingly the aforesaid FIR was registered. 3. Learned counsel for the petitioner submits that during the course of investigation the petitioner was found innocent and a discharge report was accordingly prepared by the I.O. However, the same, did not find favour with the learned Magistrate and consequently the petitioner was summoned by the learned trial Court and the petitioner submitted his bail bonds there. He states that the petitioner continued appearing for facing the trial before the learned trial Court but unfortunately he became ill on 12.3.2009 and had to be admitted in the CivilHospital, Jahanian, and could not appear before the Court, hence concession of bail was withdrawn. On 13.3.2009 the petitioner's counsel moved an application for exemption of his appearance in the Court, which request was declined by the learned trial Judge and consequently his non-bailable warrants of arrest were issued. The petitioner moved for pre-arrest…

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