1990 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 497

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S-10

Bail, grant of

Accused allegedly committed Zina-bil-Jabr with the wife of complainant

F.1.R. was delayed by ten days and medical examination of prosecutor was conducted three days after the registration of the case

Belated medical examination was not explained

Bail was allowed in circumstances. Ghous Muhammad Chaudhary for Petitioner Malik Abdus Sattar Chughtai for the Complainant The petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No. 67 of 1988 at Police Station Hyderabad District Bhakkar under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The facts narrated in the F.I.R. are that the complainant Muhammad Nawaz accompanied the petitioner on his tractor to go to Kotshakir on 29-9-1988. The moment the tractor went out of city, the petitioner got down from the tractor and the complainant went to Jhang from Kotshakir. On the next day i.e. Friday, the complainant came back and was told by his wife Mst. Sattan that on the preceding night at 12 O'clock the petitioner Haji Riaz came and woke her up. On that, the lady abused the petitioner, who took her inside by gagging her mouth and committed Zina-bil-Jabr. It is further mentioned in the F.I.R. that Murad and Muhammad Khan the brothers of the complainant came and saw Riaz with gun in his hand. They could not go near him because of the fear. It is also mentioned that the petitioner fled away from the spot. Thereafter the petitioner tried to patch up the matter by giving his own daughter in marriage to the complainant party. However, this deal could not materialize as the petitioner according to the complainant refused to give the hand of his daughter and thereupon the complainant reported this matter to the police on 9-10-1988.

3. The petitioner applied for post-arrest bail, which was dismissed by the learned Additional Sessions Judge, Bhakkar on 10-1-1989. Now the bail is sought on the ground that there is a delay in lodging the F.I.R. and even medical examination had been conducted three days after the alleged registration of the case. There is no explanation for this delay except this assertion that the A complainant was trying to patch up the matter according to the aforesaid agreement between the parties. The challan in this case has been submitted. There is a delay of more than 10 days in the registration of the case and furthermore there is no explanation for this belated medical examination of the prosecutor. In the facts and circumstances of the case, without going deep into the merits, I admit the petitioner to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C., Bhakkar. S.A./R-210/L Bail allowed.