FARMAN ALI vs STATE and another
This petition has been filed by Farman Ali seeking post-arrest bail in case FIR No. 38 dated 25.01.2017 registered under Section 377 of the Pakistan Penal Code, 1860 at Police Station Saddar Kehror Pacca, District Lodhran, on the charge of committing sodomy with a 13/14-year-old boy. The core legal question is whether the petitioner is entitled to post-arrest bail in light of the medical and forensic evidence. The Lahore High Court held that the absence of physical injuries on the victim's body in the medico-legal certificate, the negative DNA test report showing no seminal material, and the failure to recover the alleged rickshaw during police custody make the case one of further inquiry. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. The key principle laid down is that contradictory medical and forensic evidence coupled with unrecovered case property can bring a case within the scope of further inquiry warranting the grant of bail.
- Whether the absence of physical injuries in the medico-legal certificate makes out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898?
- Does a negative DNA test report detecting no seminal material entitle an accused to post-arrest bail in a sodomy case?
- Is an accused entitled to post-arrest bail when the alleged vehicle used in the commission of the crime is not recovered during police custody?
- Section 377, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition, Farman Ali petitioner seeks post arrest bail in case FIR No, 38 dated 25.01.2017 registered for offence under Section 377 of Pakistan Penal Code, 1860, at Police Station Saddar kehror pacca, District Lodharn.
2. Shortly, the allegation against the petitioner as per story narrated in the crime report is that he along with his co-accused committed sodomy with the complainant's nephew Muhammad Ali aged 13/14 years.
3. Arguments heard. Record perused.
4. It has been noticed that per crime report four persons including the petitioner, one by one, committed Sodomy with Muhammad Ali aged about 13/14 years but perusal of medico legal examination certificate of the victim transpires no contusions, abrasions, bruises or tears on the knees, elbows, around the anus or inside the anal canal which fact prima facie, does not support the narration of the crime report. As per DNA test report available with the Investigation Agency no seminal material could be detected on the sample swabs. During the custody of the petitioner with the Investigation Agency, rickshaw allegedly used for the deceitful abduction of the victim could not be recovered at his instance. These circumstances make the case of present petitioner one of further inquiry into his quilt entitling him to the grant of post arrest bail under Section 497 (2) of The Code of Criminal Procedure, 1898. Hence, this 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/-with one surety in the like amount to the satisfaction of learned trial Court.