PLJ 2024 Cr.C. (Note) 289
[Lahore High Court, Lahore]
Present:
Ali Zia Bajwa, J.
AMEEN alias
KALI--Petitioner
versus
STATE
and another--Respondents
Crl.
Misc. No. 51098-B of 2024, decided on 24.9.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 377
& 376-B--Post-arrest bail, grant of--Further inquiry--Unexplained delay in
lodging FIR--Medical evidence--Allegation of--Offence of sodomy--Digital rectal
examination shows no abnormalities in size or capacity of anal canal--The
alleged victim disclosed before doctor at time of his medical examination that
ejaculation occurred inside his anus once at time of alleged occurrence,
however, in this case, DNA report of PFSA has been received, according to
which, no seminal material was found on anal swabs of alleged victim--The
record further reflects that in light of opinion rendered by medical officer,
stance of complainant as narrated in crime report was found not correct by
investigating officer--Nothing was recovered on pointing out of petitioner
during course of investigation--All above narrated facts make case of
petitioner one of further inquiry falling under Section 497(2), Cr.P.C--The
guilt of petitioner would be determined by trial Court after recording of
evidence--The petitioner is behind bars ever since after his, arrest and no
more required to investigating agency for purpose of further investigation--No
useful purpose would be served while keeping accused petitioner behind bars for
an indefinite period--Bail allowed. [Para
4 & 5] A & B
Rai Ashfaq Ahmad Kharal, Advocate for Petitioner.
Syed Muntazir Mehdi Bukhari, ADPP for State.
Date of hearing: 24.9.2024.
Order
Through this petition filed under Section 497, Cr.P.C., the
petitioner seeks his post-arrest bail in case FIR No. 917/2024, dated
06.05.2024, offences under Sections 377 and 376-B, PPC registered with Police
Station Housing Colony, District Sheikhupura.
2. Precisely the
allegation against the petitioner as per contents of the crime report is that
on 03.05.2024, at 2:00 p.m.. he
committed sodomy with Ameer Hamza minor son of the complainant.
3. Arguments heard
and record perused.
4. There is an
unexplained delay of about three days in lodging the crime report, which shows
deliberations and consultation on the part of the complainant.[1]
Although the petitioner has been saddled with the allegation that he committed
sodomy with the alleged victim, however, the medical officer did not observe
any marks of bruise, laceration, abrasion, stain or inflammation present in or
around the anus. He also did not observe any abrasions or scratch marks over
the body of the alleged victim. Digital rectal examination shows no abnormalities
in the size or capacity of the anal canal. The alleged victim disclosed before
the doctor at the time of his medical examination that ejaculation occurred
inside his anus once at the time of the alleged occurrence, however, in this
case, DNA report of PFSA has been received, according to which, no seminal
material was found on anal swabs of the alleged victim. The record further
reflects that in the light of opinion rendered by the medical officer, the
stance of the complainant as narrated in the crime report was found not correct
by the investigating officer. Nothing was recovered on the pointing out of the
petitioner during the course of investigation. All the above narrated facts
make the case of the petitioner one of further inquiry falling under Section
497(2), Cr.P.C. The guilt of the petitioner would be determined by the trial
Court after recording of evidence.
5. The petitioner is
behind the bars ever since after his, arrest and no more required to the
investigating agency for the purpose of further investigation. No useful
purpose would be served while keeping the accused petitioner behind the bars
for an indefinite period.
6. Resultantly, the
instant bail petition is allowed
and the petitioner is admitted to post-arrest bail, subject to his furnishing
bail bonds in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) with
one surety in the like amount to the satisfaction of the trial Court.
(A.A.K.) Petition allowed
[1]. Muhammad Aslam versus The
State and others 2023 SCMR 397 and “Gul Muhammad versus The Son 2023 SCMR 857.