1999 P Cr (PLP)

S. 497

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)

Bail, grant of

Victim and prosecution witness alongwith husband of victim appeared in Court and had submitted affidavit exonerating accused of offence attributed against him

Case of prosecution against accused having become that of further inquiry, accused was admitted to bail in circumstances. Allah Bakhsh v. Nazar Hussain Shah and another 1979 SCMR 137 and Muhammad Akram v. The State 1995 MLD 1826 ref. Islam Ali Qureshi for Petitioner. Ch. Abdullah Waraich, Addl. A.-G. and Syed Muhammad Anwar-ul- Haq for the State. Mst. Razia alias Bachal complainant present in the Court today got recorded F.I.R. No.86, dated 19-6-1995 under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Kot Mubarik, District D.G. Khan with the allegation that in the absence of her husband Muhammad Shafi on the night falling between 17/18-6-1995 Muhammad Rafique alias Cycle petitioner/accused made her to awake and forcibly committed Zina with her. According to her, cash amount and ornaments were also taken away by the petitioner-accused. Her brother Abdul Aziz as well as her step-father Ghulam Rasool and Mst. Nooran Mai were attracted at the spot. During the investigation the P.Ws. submitted the affidavits exonerating the petitioner-accused. Same was the position before the Sessions Judge. No weight was granted to the affidavits and the bail application filed by Muhammad Rafique alias Cycle petitioner/accused was dismissed. He has filed this petition before this Court for his admission to bail.

2. I have heard the learned counsel for the petitioner as well as learned State Counsel and gone through the record before me. Today Mst. Razia alias Mst. Bachal, her husband Shafi Muhammad and her brother Abdul Aziz have submitted the affidavits exonerating Muhammad Rafique alias Cycle petitioner/accused of the alleged offence attributed against him. They have owned the affidavits as they are present in the Court today. In this view of the matter relying on Allah Bakhsh v. Nazar Hussain Shah and another 1979 SCMR 137 it can safely be held that the case of the prosecution against this petitiotter accused has become that of further inquiry. I am the author of the judgment reported as Muhammad Akram v. The State 1995 MLD 1826 (Lahore) wherein the bail was granted to an accused when the P.Ws. of the case appeared alongwith their affidavits exonerating the accused of the case which they owned before the Court. In view of the aforesaid aspect of the matter, learned State Counsel has no argument to advance to make me withhold the concession of bail desired and required by this petitioner-accused.

3. For what has been said above, I hold that it is a fit case for the admission of Muhammad Rafique alias Cycle petitioner/accused to bail. I accordingly accept this application and admit the aforesaid petitioner accused to bail in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the Sessions Judge, D.G. Khan. H.B.T./M-916/L Bail granted.