' MANZOOR AHMAD MALIK, J.---Petitioner seeks post arrest bail in case FIR No, 1182 dated 10.08.2015, offence under section 377, P.P.C., registered at Police Station South Cantt. Lahore.
2. After hearing the learned counsel for the petitioner, learned counsel for the complainant, learned Law Officer and perusing the available record with their assistance, it has been noted by us that the precise allegation, as per FIR, against the petitioner is that on 10.08.2015 son and nephew of the complainant told him that their teacher (petitioner) called both the boys in his room but they ran away. It has been further alleged by both the boys that petitioner committed sodomy with them eight days prior to the registration of the FIR. We have gone through the MLRs of both the alleged victims/boys and found that, according to doctor, there was no injury sign around anal or in anal canal. During the course of arguments, it has been confirmed by the learned Additional Prosecutor General and also by the learned counsel for the complainant that the doctor has furnished his final opinion to the effect that DNA report is in the negative. Prima fade there is delay of eight days in the lodging of the FIR. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the purview of section 497(2), Code of Criminal Procedure. Petitioner is behind the bars for the last 9-1/2 months. No useful purpose shall be served by putting IA him behind the bars for an indefinite period.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Consequently, petitioner Muhammad Nauman Hand is admitted to bail subject to his furnishing bail bond in the sum of Rs,200,000/- (Rupees two hundred thousand only), with one surety in the like amount, to the satisfaction of the learned trial Court.