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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 377--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Bail, grant of--Further inquiry--Offence of sodomy--Ground of submission of challan--Validity--Medico-legal report and report of Chemical Examiner did not confirm that the sodomy was committed by accused with the victim--No incriminating evidence available on the record to prima facie connect the accused with the commission of the crime--Veracity of the statement of the complainant, which was not supported by medical evidence would be seen by trial Court after the conclusion of the trial--Accused had succeeded in making out a case of further inquiry--Submission of challan into the Court was not a ground for refusal of bail to the accused, and bail could not withheld as a punishment--Accused was behind the bars since 3 months without any progress in the trial and his further detention in jail will serve no useful purpose to the prosecution in any manner--Bail admitted. [P. 567] A & B Order Through this application under Section 497 Cr.P.C. Muhammad Ramzan alias Shamma, petitioner seeks post-arrest bail in a case FIR No. 389-2006, dated 19.9.2006 registered under Section 12 Offence of Zina (Enforcement of Hadood) Ordinance No. VII of 1979 read with Section 377 PPC at Police Station Qaboola Sharif, District Pak Pattan Sharif on the application of Muhammad Adeel, the complainant. 2. The brief allegation against the petitioner as alleged in the FIR is that on 10.9.2006 at about 8:00 p.m. he took the complainant in his house and committed sodomy with him after offering him intoxicant pepsi cola. Then the petitioner took the complainant/victim on a car to different places and put him in semi-conscious condition. The petitioner repeatedly committed sodomy with him. However, the victim complainant on 16.9.2006 while finding an opportunity succeeded in running away from the custody of the petitioner. Hence this case was registered. 3. The learned counsel for the petitioner has contended that the occurrence of alleged abduction had taken place on 10.9.2006, but the FIR was got registered on…

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