' ASIF SAEED KHAN KHOSA, J.---Through this petition Haibat Khan petitioner has sought leave to appeal against the order dated 23.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No, 25817-B of 2015 whereby post-arrest bail was refused to him in case FIR No, 380 registered at Police Station Langrana, District Chiniot on 25.09.2014 in respect of an offence under section 376(1), P.P.C.
2. After hearing the learned counsel for the petitioner, the learned Additional Prosecutor-General, Punjab appearing for the State and the complainant appearing in person and having gone through the record of investigation of this case with their assistance we have observed that the FIR in this case had been lodged with a delay of 14 days, the Medico-legal Certificate issued in, respect of the alleged victim namely Naheed Bibi (aged about 10/11 years) did not depict any mark of violence on any part of her body, the Chemical Examiner had submitted his report in the negative in respect of the vaginal swa bs of the alleged victim and the report of the D.N.A. Test had been received in the negative. A perusal of the FIR shows that none of the eye-witnesses mentioned in the same had in fact witnessed the alleged rape himself and it was the minor victim herself who had disclosed to them that the petitioner had committed same highhandedness with her. In view of the above mentioned material available on the record it could well be that the case in hand was merely a case of an attempt which had remained abortive or a case of a mere preparation. It is not disputed that the investigating agency has already concluded that the allegation leveled against the petitioner is false and that upon completion of the investigation a report has already been submitted seeking cancellation of the FIR. For all these reasons we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Haibat Khan petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs, 50,000/- (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the trial court.