1989 PLP 4942 (MLD)

Petitioners Abid Ali and Muhammad Ali seek bail in a case registered against them for an offence under section 13/14/18/7/79 Offence of Zina (Enforcement of Hadood) Ordinance, with Police Station Green Town, Lahore, vide F.I.R dated 24‑7‑1988. The allegations as contained in the F.I.R lodged by one Munir Rana, SI, are to the effect that he received secret information that petitioner Abid Ali with the help of his sister Mst. Khalida, had opened a brothel house in Town Ship, Lahore. On the basis of the information, a raiding party was constituted and one Malik Annis‑ur‑Rehman and Ghulam Mustafa were sent to the said house as decoy customers. Both of them were paid Rs. 500 each. The other members of the raiding party stood at a distance. In answer to a call‑bell, Abid Ali petitioner opened the door who received the amount from the decoy witnesses and produced two women to them. Immediately the raiding party apprehended the eels as well as Abid Ali. From his personal search, Rs. 1200 were secured which also included two notes of Rs. 500 each which had been given by the raiding party. The raiding party also learnt that in one of the rooms Zina was being committed, whereupon they entered the premises and found Muhammad Ali, petitioner, with Mst. Khahda in an objectionable condition, who were also apprehended. It is contended by learned counsel for the petitioners that no case against the petitioners is made out. Submits that all the other co‑accused of the petitioners have since been released on bail, therefore, the petitioners are also entitled to the same concession. Contends that nothing is to be recovered from the petitioners, therefore, their further detention would not serve any useful purpose. The contentions have been opposed by learned counsel for the State.

2. I have heard the learned counsel and perused the record. The case of the co‑accused of the petitioners who have been released on bail, stands on different footings. They were released on bail for the consideration that they were ladies and two of them were less than 16 years or age. As far as the case of the petitioners is concerned, Abid Ali petitioner admittedly, as per report, that he had received Rs. 1000 and thereafter produced two girls for purposes of Zina. No explanation whatsoever has been given by learned counsel how and under which circumstances the petitioner came in possession of Rs.1000 which were admittedly passed on to hire by the decoy witnesses. As far as Muhammad Ali petitioner, is concerned, he was seen by the raiding party naked with another woman who was not his wife. In these circumstances, I feel that no case for bail qua the petitioners is made out. Therefore, I think it will suffice if a direction to the trial Court is given to expeditiously dispose of the case of the petitioners subject to all just exceptions. With these observations the petition is dismissed. S.AA‑801/L Bail refused.