2007 PLP 1890 (YLR)

FAZAL-E-MIRAN CHAUHAN, J.

Petitioner, Ahmad Khan, seeks post-arrest bail, in case F.I.R. No.457, dated 26-7-2006, offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, registered at Police Station, Kot Momin, for the allegation of committing Zina-bil-Jabr with the complainant, hence, this case.

2. It is contended by the learned counsel that the petitioner is innocent and has been falsely roped in this case by the complainant with mala fide intention. In fact, the petitioner has some dispute with one Muhammad Aslam, who managed to involve the petitioner in this case falsely. The report of Chemical Examiner was received negative, which makes the case of the petitioner that of further inquiry. Further contends that during investigation, the owner of the house, where the occurrence was alleged to have taken place, sworn their affidavits stating therein that no such occurrence had taken place in the house, which casts serious doubt on the prosecution case, therefore, the petitioner deserves the concession of bail.

3. On the contrary learned State counsel has opposed the bail petition.

4. Having heard learned counsel for the parties and perused the record, it transpires from the contents of the F.I.R. that the petitioner went to the house of Malook Shah along with Zafar Iqbal for recovery of Rs.30,000, from the wife of Malook Shah. Since, said person was not present at his house, then, one Liaqat, known to Ahmad Khan-petitioner took the complainant to the house of the petitioner, where they stayed for a night and during that night, the petitioner committed Zina -bil-Jabr with the complainant on pistol point.

5. The complainant was medically examined by the Doctor and samples (swabs) were sent to the office of Chemical Examiner but as per report dated 24-8-2006, the samples were not found to be stained with semens. Besides this report, no other medical report is available on the file. It is stated by the Investigating Officer that the complainant refused to get herself medially examined by the Lady Doctor. Only samples were taken from the vagina. The petitioner is incarceration since his arrest, challan has been submitted in the Court but no progress has taken place. Even otherwise, the petitioner was not found to be guilty of the commission of crime, alleged against him by the Investigating Officer, who declared him to be innocent, which makes the case of the petitioner within the purview of subsection (2) of section 497, Cr.P.C. it is yet to be determined whether the complainant went to the house of the petitioner and she was subjected to Zina-bil-Jabr by the petitioner, that can only be considered by the learned trial Court after recording of evidence regarding guilt or innocence of the petitioner.

6. For the foregoing reasons, this bail petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds 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./A-59/L Bail granted.