1988 P Cr (PLP)

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 13, 14 & 18‑‑Bail, grant of‑‑Accused spotted in room without Shalwars‑‑Third accused found present in adjoining room‑ Putting off shalwars by 'itself not amounting to attempt to commit adultery‑‑Allegations against third Accused not even constituting preparation‑‑Case of lady accused covered by proviso to S. 497, Cr.P.C. Bail allowed to her in circumstances. Raja Abdur Rehman for Petitioner. M.A. Chaudhry for the State. This order shall dispose of two bail petitions viz. Cr. Misc. No. 2345/B of .1988 and Cr. Misc. No. 2347/B of 1988, as both these applications arise out of the same F.I.R. and pertain to the same occurrence.

2. Mst, Saiqa petitioner in case of Cr. Misc. No. 2345/B‑88 and petitioners Tariq Munir Butt and Muhammad Bashir in Criminal Misc. No. 2347/B‑88 are involved in offences punishable under sections 13, 14 and 18 of the Offence of Zina (Enforcement of Hadood) Ordinance, VII of 1979, arising out of F.I.R. No. 232 dated 19‑6‑1988, registered at Police Station Tibbi, City, Lahore.

3. It is alleged that Muhammad Inayat A.S.I. was on patrol duty on 19‑6‑1988. He was accompanied by Waqar Ahmad, Liaqat Ali, Constables and one Muhammad Hussain son of Ramzan. He learned through secret information that Mst. Saiqa who had rented two rooms in Mazla Building used to indulge in prostitution. Consequently, at about 1.20 a.m. the premises occupied by Mst. Saiqa was raided. In one of the rooms Mst. Saiqa and Tariq Munir Butt were found preparing for Zina. They were without Shalwars while in the adjoining room Muhammad Bashir was waiting for his turn. The raiding Police party apprehended the petitioners and report in this behalf was sent at 1.20 a.m. by Muhammad Inayat A.S.I. to the Police station on the basis of which F.I.R. was recorded at 1.30 a.m. It has also been alleged that a sum of Rs. 100 was found under the pillow of Mst. Saiqa.

4. The petitioners were not admittedly subjected to medical examination. The allegations against Mst. Saiqa and Tariq Munir Butt are simply to the effect that they were spotted in a room without Shalwars. Putting off Shalwars by itself does not amount to attempt to commit adultery. It may be a step towards the preparation of the commission of offence, but is short of attempt. Against Muhammad Bashir, as stated above, the allegations are that he was present in the adjoining room waiting for his turn. The allegations against him do not even constitute preparation. Mst. Saiqa being a woman her case is covered by the proviso to section 497 Cr.P.C. Tariq Munir Butt is a student of Law College. The Principal of the said College has issued a certificate commending the character of Tariq Munir Butt. It has been certified that he bears a good moral character.

5. In the above circumstances, the petitioners are admitted to bail in the sum of Rs. 25,000 each with one surety each in the like amount to the satisfaction of the A.C. City, Lahore. S. A./S‑277/L Bail allowed.