' MANZOOR AHMAD MALIK, J.---Petitioner seeks bail after arrest in case FIR No, 43 of 2016 dated 16.02.2016, offence under sections 367-A, 377, P.P.C., registered at Police Station Jalalpur Bhattian, District Hafizabad.
2. Precise allegation against -petitioner, as per. The FIR, is that he committed sodomy with victim boy Arsalan (son of complainant), whereas his co-accused Ali Fayyaz (since granted bail) caught hold of the victim from his arms and feet.
3. After hearing the learned counsel for the petitioner, complainant present in person and learned Law Officer at some length and perusing the available record with their assistance, we have noted that it has been mentioned in the FIR that the victim boy Arsalan Ahmad after taking tuition went along with petitioner and his co-accused on his own volition to attend a Mehfil at Thatha Mehman.
It was on their return to Jalalpur Bhattian, as alleged in the FIR, that the petitioner with the help of his co-accused Ali Fayyaz committed sodomy with the victim boy. It has also been mentioned in the FIR that on hearing the hue and cry of the victim boy, Bilal and Shahid Iqbal who were returning after attending the aforesaid Mehfil attracted to the spot and the accused-petitioner ran away along with his co-accused. Having gone through the medico-legal certificate of the victim boy, we have found that the Doctor, on general physical examination of the victim Arsalan, has found the anus of the victim normal. Moreover, in his statement recorded under section 164, Code of Criminal Procedure before the learned Magistrate, the victim boy has not specifically named the petitioner, rather he has made a general allegation against petitioner and his co-accused without naming any one of them, nor he has given the names of the witnesses as has been alleged in the FIR that on seeing Bilal and Shahid Iqbal, alleged witnesses, the accused ran away. In these circumstances, the case of the present petitioner becomes one of further enquiry falling within the ambit of section 497(2), of the Code of Criminal Procedure. The co-accused of the petitioner namely Ali Fiaz has already been granted bail by the learned Additional Sessions Judge, Pindi Bhattian, vide order dated 08.04.2016. Petitioner is behind the bars since 19.02.2016 and no useful purpose shall be served by keeping him incarcerated for an indefinite period.
4. For the foregoing reasons, this petition is converted into appeal and the same is allowed.
Consequently, 'Mohsin petitioner is allowed bail after arrest (in the cited FIR), subject to his furnishing bail bond in the sum of Rs,100,000/- (Rupees one hundred thousand only), with one surety, in the like amount, to the satisfaction of the learned trial Court.