--S. 497--Pakistan Penal Code, (XLV of 1898), S. 377--Unnatural offence--Medical report--DNA report--No marks of violence have been observed on the body of the victim--DNA report is in negative-

 PLJ 2022 Cr.C. 238

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1898), S. 377--Unnatural offence--Medical report--DNA report--No marks of violence have been observed on the body of the victim--DNA report is in negative--Bail allowed. [P. 238] A

2016 SCMR 1399; 2017 SCME 290 ref.

Mr. Nisar Mehboob Tiwana, Advocate for Petitioner.

Mr. Ahmad Saeed, DPG for State.

Nemo for Complainant.

Date of hearing: 4.3.2012.

 PLJ 2022 Cr.C. 238
[Lahore High Court, Lahore]
Present: Shehram Sarwar Ch., J.
AQIB SALEEM--Petitioner
versus
STATE and others--Respondents
Crl. Misc. No. 10737-B of 2021, decided on 4.3.2021.

Order

Aqib Saleem, petitioner seeks post arrest bail in case FIR No. 32 dated 29.01.2020, offence under Section 377, P.P.C., registered at Police Station Bhalwal Saddar District Sargodha.

2. Precisely, the allegation against the petitioner is that he Committed sodomy with Muhammad Hanan Farooq son of the complainant.

3. Heard.

4. After hearing the learned counsel for the petitioner. as well as learned Law Officer and perusing the available record with their assistance it has been noted by me that according to the doctor, there was no injury sign around anal or in anal canal. No marks of violence have been observed by the doctor on the body of the victim. The DNA test report of the victim is in the negative. As apprised by learned Law Officer, petitioner is not involved in any other case of such like nature. The petitioner is behind the bars since 22.12.2020 and no more required by the police for the purpose of investigation.

5. For the foregoing reasons, the case of petitioner calls for further inquiry within the ambit of subsection (2) of Section 497, Cr.P.C. Therefore, while relying upon case law titled as "Muhammad Nauman Hanif v. The State and another" (2016 SCMR 1399) and "Mohsin v. The State and others" (2017 SCMR 290) this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial Court.

6. Before parting with this order, it is clarified that the observations made in this order are tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner, whatsoever.

(K.Q.B.) Bail allowed