1996 P Cr (PLP)

Syed Niaz Ahmad Shah for the State. Date of hearing: 17th December, 1995. Mst. Faiz Mai aged about 17 years got recorded Crime Case No.128, dated 21-5-1995 at Police Station Khairpur Tamiwali, District Bahawalpur under Article 10(3)/18 of the Offence of Zina (Enforcement of Hudood) Ordinance. 1979 with the allegation that seven days before 21-5-1995 at Maghrabwela she had gone to the field to obey the call of nature. Muhammad Bakhsh petitioner surprised her and forcibly made her to fall on the ground. She struggled when her clothes were torn. He put off her Shalwar and attempted to commit Zina by force. Her alarm attracted her father Allah Wasaya, her mother Mst. Nooran Bibi, Ghulam Nabi and Allah Bachaya P.Ws. Muhammad Bakhsh petitioner made good his escape on the arrival of the P.Ws. The efforts for settlement of the matter in a Punchayat were conducted which failed and the matter was thereafter reported to the police. Muhammad Bakhsh petitioner was arrested on 3-8-1995. His bail plea has been rejected by the lower Court and he has filed this petition before this Court to try his luck to be admitted to bail.

2. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. There is no need to reproduce the arguments addressed by the learned counsel for the petitioner as well as the learned State Counsel which shall stand projected by a perusal of my following reasons on the basis of which I am inclined to admit Muhammad Bakhsh petitioner to bail:-- "(i) The matter was reported to the police with a delay of seven days. The reason mentioned in the F.I.R. is that some settlement was to be made through the Panchayat which could not materialise. However no evidence has been collected by the police during the investigation in this regard. This aspect of the matter need not be given the weight. The picture which emerges is that there is delay of seven days in reporting the matter to the police and that cannot be taken lightly as desired by the learned State Counsel. (ii) According to the complainant her clothes were torn. The police did not take into possession her torn clothes. (iii) It is mentioned in the F.I.R. that Muhammad Bakhsh accused-petitioner made Mst. Faiz Mai complainant-victim to fall on the ground and thereafter attempted to commit Zina-bil-Jabr with her. Surprisingly Mst. Faiz Mai has not been got medically examined in this regard and Muhammad Bakhsh petitioner has obviously scored a valuable legal right. (iv) It is the admitted position that Muhammad Bakhsh petitioner has not been medically examined for potency by the police during the investigation.

3. The aforesaid reasons have made me to hold that the involvement of Muhammad Bakhsh petitioner is a question of further inquiry. I, therefore, accept this application and admit Muhammad Bakhsh petitioner to bail in the sum of Rs.25,000 (Rupees twenty-five thousand only) with one surety in the like e amount to the satisfaction of the learned Sessions Judge, Bahawalpur with the direction to appear personally before the trial Court as and when required failing which the trial Court may cancel the bail allowed to this petitioner by this Court and may proceed further in accordance with law. N.H.Q./M-2684/L Bail allowed.