Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss. 377 & 337-J---Unnatural offence, causing hurt by means of a poison---Bail, grant of---Further inquiry---Delay in lodging of F.I.R.---Unwitnessed occurrence---Contradiction between F.I.R. and medical evidence---Effect---Accused and co-accused allegedly added some intoxicant in victim's meal, where-after they committed sodomy with him---F.I.R. was lodged with an unexplained delay of three days---First medical examination of victim was conducted a day after the alleged incident, wherein he was fully conscious and well-oriented with time and place---Second medical examination of accused showed that externally no abrasion, laceration or swelling was seen on the anal area, on elbows, on back or knees---On internal examination of victim's anus no abrasion, laceration or swelling was seen---Medical reports of victim were thus paradoxical to the allegation in the F.I.R.---No eye-witness of the occurrence had been named in the F.I.R., thus it was an unseen occurrence---Case of accused fell within the ambit of further inquiry---Accused was granted bail accordingly. ORDER MISS AALIA NEELUM, J.---Petitioner, Shahid seeks his post arrest bail in case F.I.R. No.131 dated 28-4-2013, registered under sections 377, 337-J at Police Station, Peer Mahal, District, T.T.Singh. 2. Per F.I.R., on 25-4-2013, accused Shahid invited Zohaib at his residence through Kaka, co-accused and both the accused after intoxicating some tablets in the meal, committed sodomy with Zohaib and thereafter threw him near his house. Hence, F.I.R. in hand. 3. Learned counsel for the petitioner has submitted that there is no eye-witness of the alleged occurrence; that there is delay of three days in lodging of F.I.R.; that case of petitioner is of further inquiry; that petitioner is being falsely roped in the instant case, so petitioner is entitled to the concession of bail. 4. On the contrary, learned Deputy Prosecutor General assisted by learned counsel for the complainant has opposed the instant petition with great vehemence by stating that petitioner is nominated in the F.I.R. with specific role, therefore, petitioner is…

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