Aqib Saleem vs The State and others
This criminal petition concerns a request for post-arrest bail by the petitioner, Aqib Saleem, who was accused of committing sodomy under Section 377 of the Pakistan Penal Code 1860. The core legal question before the Lahore High Court was whether the petitioner was entitled to bail given the evidentiary material available at the pre-trial stage. Upon reviewing the record, the Court noted that the medical examination of the victim revealed no signs of injury or violence in the anal canal, and the DNA test report was negative. Furthermore, the petitioner had been incarcerated since December 2020, and the investigation was complete, rendering his continued detention unnecessary. The Court held that the case against the petitioner warranted further inquiry under the provisions of the Code of Criminal Procedure 1898. Consequently, the petition was allowed, and the petitioner was admitted to post-arrest bail subject to furnishing bail bonds. The Court emphasized that the observations made were tentative in nature and restricted solely to the disposal of the bail application, ensuring they would not prejudice the trial proceedings.
- Does the absence of physical injury and a negative DNA report in a sodomy case constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to post-arrest bail when the investigation is complete and the accused is no longer required for custodial interrogation?
- Section 377, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
SHEHRAM SARWAR CH., J.----Aqib Saleem, petitioner seeks post arrest bail in case FIR No.32 dated 29.01.2020, offence under Section 377, P.P.C., 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 have 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 subsection (2) of Section 497, Cr.P.C. Therefore, while relying upon case law titled as "Muhammad Nauman Hanif v. The State and another" (2016 SCMR 1399) and "Mohsin v. 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