Aqib Saleem, petitioner seeks post-arrest bail in case FIR No. 32 dated 29.01.2020, offence under Section 377, PPC, registered at Police Station Bhalwal Saddar District Sargodha.
2. Precisely , the allegation against the petitioner is that he committed sodomy with Muhammad Hanan Farooq son of the complainant.
3. Heard.
4. After hearing the learned counsel for the petitioner , as well as learned Law Officer and perusing the available record with their assistance it has been noted by me that according to the doctor , there was no injury sign around anal or in anal canal. No marks of violence has been observed by the doctor on the body of the victim. The DNA test report of the victim is in the negative. As apprised by learned Law Officer, petitioner is not involved in any other case of such like nature. The petitioner is behind the bars since 22.12.2020 and no more required by the police for the purpose of investigation.
5. For the foregoing reasons, the case of petitioner calls for further inquiry within the ambit of sub-section (2) of Section 497, Cr.P.C. Therefore, while relying upon case law titled as "Muhammad Nauman Hanif vs. The State and another" (2016 SCMR 1399) and "Mohsin vs. The State and others" (2017 SCMR 290) this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs.
1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of learned trial. Court.
6. Before parting with this order , it is clarified that the observations made in this order are tentative in nature and relevant only for the disposal of this bail petition which shall not influence the learned trial Court in any manner , whatsoever .