2001 P Cr (PLP)

Malik Muzaffar Qadir Tamim for Petitioner. Mian Abid Hussain for the State. Ghulam Hussain, petitioner, through this petition seeks his post - arrest bail in a case F.I.R. No.399, dated 25‑6‑1999 registered under sections 10, 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Jampur, District Rajanpur.

2. The instant case was registered on the statement of Mst. Shazia (now accused). Briefly, the allegations levelled in the F.I.R. are that complainant was deceitfully taken away by two persons/accused namely Mst. Shahnaz and Mst. Akhtari Begum in a Hiace and thereafter the complainant was forcibly taken away by four other persons including the petitioner. It is further alleged in the F.I.R. that the petitioner alongwith two other persons had been committing rape with the complainant and that the complainant had given birth to a daughter, who was about six months at the time of lodging the F.I.R. The matter was investigated by the various agencies and during investigation all other accused named in the F.I.R. were declared innocent.

3. When the matter was being investigated by Fateh Muhammad, Inspector, Range Crime, Mst. Shazia complainant (now accused) and Ghulam Hussain‑accused (petitioner) both submitted affidavits before him admitting that in fact they had entered into marriage with each other and a daughter has also been born out of the wedlock. Ghulam Hussain, petitioner, subsequently divorced Mst. Shazia and for that revenge she had got registered a criminal case against Ghulam Hussain and others. It was after the submission of these affidavits that Mst. Shazia was also added in the list of the accused. In other words now there are only two accused in this case. One is the petitioner and the other is Mst. Shazia, who had reported the matter to the police.

4. I have heard the learned counsel for the parties and gone through the record. It has been conceded by the learned counsel for the State that there is no independent evidence available to the effect that the accused were seen committing Zina‑bil‑Raza with each other. The case was registered at the instance of Mst. Shazia, who was the sole witness of rape. Now her status has been changed from that of the witness to an accused. According to her latest statement she was wife of the petitioner and a child was also born out of their wedlock. The petitioner also admits the factum of marriage and he owns the child. However, according to him he had divorced Mst. Shazia. The matter was also reported to the police after about more than one year and 11 months. The petitioner has also placed on the file the affidavits of Nikah Khawan as well as two other witnesses, who attended Nikah ceremony of Mst. Shazia and Ghulam Hussain, petitioner.

5. For what has been discussed above, the allegations against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C., therefore, I am inclined to release the petitioner on bail, subject to his tendering bail bonds in the sum of Rs. one 5 lac with one surety in the like amount to the satisfaction of the trial Court. H.B.T./G‑105/L Bail granted.