2003 P Cr (PLP)

S. 497(2)

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11

Bail, grant of

Further inquiry

Complainant had alleged that accused and his wife had abducted complainant with intention to commit Zina with her

No allegation was on the record that accused had committed Zina with complainant and it was most unlikely that wife of accused would accompany her husband when her husband had a design to commit Zina with the complainant

Complainant remained in company of accused and his wife for three days

Allegation against accused, in circumstances, needed further probe and inquiry within ambit of subsection (2) of S.497, Cr.P.C.

Accused was admitted to bail, in circumstances. Ch. Muhammad Ashraf Mohandra for Petitioner. Syed Niaz Ahmad Shah for the State. Date of hearing: 14th October, 2002. Mazhar Hussain petitioner has sought his post-arrest bail in case F.I.R No.143 registered at Police Station City, B-Division, Rahimyar Khan on 24-5-2002 for an Offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. According to the F.I.R. the complainant Mst. Zaib-un-Nisa wife of Muhammad Arif reported the incident to Ata Muhammad S.-I. who was present at Adda Gulmerg on 24-5-2001 at 12-30 a.m. (night). According to the F.I.R Mst. Zohran wife of Mazhar Hussain had friendly terms withy the complainant. On 21-5-2002 at about 8-00 a.m. Mst Zohran went to the house of complainant and informed her that her relative was sick and, therefore, she was going to some sooth-sayer. The complainant accompanied Mst. Zohran and when they reached laswa Pull Mazhar Hussain husband of Mst. Zohran joined them and the three boarded a bus. The bus stopped at Adda Khanpur. All the three persons mentioned above alighted from the bus and boarded a Rickshaw. Meanwhile, the complainant suspected that there was something fishy and she started to walk towards city. She was followed by Mazhar Hussain and Mst. Zohran. The complainant came across the police officer and reported the matter to the police. According to complainants Mazhar Hussain and Mst. Zohran had abducted her with an intention toy commit Zina.

3. I have heard the learned counsel for the parties and have also gone through the record of the case. Admittedly, there is no allegation that the petitioner committed Zina with the complainant. It is most unlikely that Mst. Zohran wife of the petitioner would accompany her husband when the latter had a design to commit Zina with the complainant. It appears that the complainant remained in the company of Mst. Zohran and accused for three days In the light of the above mentioned circumstances, the allegation against the petitioner needs further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C. Therefore, I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. H.B.T./1884/L Bail granted.