' Sibtain alias Bhola son of Talib Hussain, petitioner through the instant petition has sought his post- arrest bail in a case F.I.R. No,15 of 2001 registered at Police Station City Sahiwal, on 19-1-2001, for offences, under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with sections 377/342, P. P.0 .
2. It has been stated in the F.I.R. That Muhammad Majid son of the first informant had been taken along by the petitioner on the night in between 8/9-9-2000 at about 3-00 a.m. On the pretext that Muhammad Majid should help him in setting up some articles and subsequently Muhammad Majid was subjected to unnatural lust by the petitioner. The petitioner after his arrest in this case is behind the bars.
3. I have heard the learned counsel for the parties and gone through the record including the order passed by the learned trial Court. It has been noticed that in this case the matter was reported to the police after four months and 11 days, without any plausible explanation. The occurrence has allegedly taken place on the night in between 8/9-9-2000 and the case was registered on 19-1- 2001. Meanwhile, the alleged victim was examined by the Medical Officer, DHQ Hospital, Sahiwal, on 18-9-2000, (photocopy of his report is available on the file as Mark-A). The medical examination of the victim belied all the allegations levelled in the F.I.R. It was perhaps for that reasons no case was registered against the petitioner.
4. In these circumstances, the allegation against the petitioner needs further probe and inquiry and falls within the ambit of subsection (2) of section 497, Cr.P.C., therefore, I allow this petition \and grant bail to the petitioner, subject to his tendering bail bonds in the sum of rupees ten thousand, with one surety in the like amount to the satisfaction of the trial Court.