Through this petition under Section 497, Cr.P.C., petitioner Muhammad Zeshan alias Shani has sought post arrest bail in case FIR No, 764 dated 18.12.2017, in respect of offences under Sections 367-A, 377, 386, 506-B & 501, PPC registered at Police Station, City Mianchannu District Khanewal.
2. The allegation against the, petitioner is that about one month prior to the registration of case at 2:00 p.m., he along with is co-accused enticed away Muhammad Azim aged 14/15 years, maternal grandson of the complainant, took him at a deserted place, committed sodomy with, him on gun- point, took snaps and also made video movie of the process of sodomy. Thereafter they had extorted an amount of Rs. 30,000/- from the victim from time to time on the pretext to public the naked video/movie on the social media. Hence, this case was registered.
3. We have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and have perused the record with their able assistance.
4. Admittedly, the crime report was registered after about one month of the alleged occurrence of sodomy and on plausible explanation was brought on record for such delay and, thus, it may be termed as an afterthought story. The medico-legal examination of victim Muhammad Azim was conducted on the day of registration of the case i,e, 18.12.2017 wherein no sign of abrasion or bruises on the elbows, knees, thighs, hip or any other part of his body was observed and the medical officer did not give any definite opinion with regard to the commission of carnal intercourse with the victim. The report of Punjab Forensic Science Agency for detection of semen had been received with negative result and no seminal material was identified due to which no DNA analysis was conducted. During investigation, the recovery of a mobile phone and a broken memory card in pieces, was shown to be effected at the instance of the petitioner, which were sent to the Punjab Forensic Science Agency for expert opinion but the report of said office has been received with the negative result as no related/other material could be detected from the aforesaid items. So far as the allegation of extorting an amount of Rs. 30,000/- from the victim is concerned, no specific date, time or name of the accused persons, who had received the same, had neither been mentioned in the crime report nor brought on record during investigation. The complicity of the petitioner, in the given facts and Circumstances of the case, calls for further inquiry into his guilt within the purview of subsection (2) of Section 497, Cr.P.C. The petitioner was arrested in this case on 02.01.2018 and he is no more required to the police for the purpose of investigation and, thus, further incarceration of the petitioner for an indefinite period would serve no useful purpose for the prosecution.
In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 200,000/- (rupees two lac) with two sureties in the like amount to the satisfaction of the trial Court.