The petitioner seeks bail after arrest in case FIR No. '348 dated 25.9.2006 registered under Section 337 PPC at P.S. Shah Jamal District Muzaffargrah.
2. The allegation against the petitioner as contained in the FIR is that he committed sodomy with Ishfaq son of the complainant.
3. It is contended by learned counsel for the petitioner that the medical report does not support the occurrence as it is stated in the same that there was no mark of violence on the external part of buttocks; that report of the Chemical Examiner has still not been obtained; that the I.O. visited the spot and observed that there were no signs of ruffle; that the I.O./SHO as well has the DSP declared the petitioner as innocent; that the petitioner is below the age of 18 years and in this regard a school leaving certificate is produced and as such he is entitled to the relief of bail and in this behalf, reliance is placed upon Muhammad Iqbal vs. The State (2003 P.Cr.L.J. 1991) and that petitioner is behind the bars for the last three months.
4. On the other hand, bail has been opposed by the learned counsel State counsel. However, it conceded that Chemical Examiner's report has still not been obtained and that one of the PWs Sultan Mehmood had initially implicated the petitioner in his statement recorded on 14.10.12006 but subsequently on 22.11.2006 he withdrew his statement.
5. Arguments heard. Record perused.
6. Medical evidence does not corroborated with the' ocular account. Chemical Examiner's report has also not been obtained. The I.O./SHO/DSP declared the petitioner innocent. The petitioner is behind the bars for the last three months. Therefore, the case of the petitioner becomes of further inquiry.
7. In view of the above circumstances, the petitioner is allowed bail subject to his furnishing bail bonds in the sum. of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.