2001 P Cr (PLP)

Tariq Murtaza Khan Malezai for the State. Date of hearing: 19th April, 2000. Petitioners seek post-arrest bail in a case registered vide F.I.R. No.68 of 2000 under Article 18/10/13/14 of the Offences of Zina (Enforcement of Hudood) Ordinance No-VII of 1979 at Police Station Danewal District Vehari.

2. Briefly the facts of the case are that on a spy information that Mst. Bashiran petitioner is running a brothel house opposite to the office of S.E. WAPDA Danewal through her daughters. Four persons are present in her house and if raid is conducted they can be caught red-handed. Accordingly the S.H.O. formed a raiding party, conducted the raid and four persons Mukhtar Hussain, Ghazanfar Ali, Zahir Javed and Wasim Haider, Mst. Robina and Mst. Samina daughters of Akbar were found naked in the house. Mst. Bashiran was found guarding the house by standing outside. These persons were made to wear the clothes. They were arrested and case was registered.

3. Learned counsel for the petitioners submits that the petitioners have mala fidely been involved in the case. Petitioners Nos.2 and 3 are wives of Zahid Javed and Wasim Haider respectively. This fact was verified by the respectables of the area and the relatives of the petitioners and also by Nikah Khawan. The version of the prosecution is false and fabricated one. Petitioners are ladies, therefore, their case falls within first proviso of section 497, Cr.P.C.

4. Learned State Counsel has opposed the grant of bail.

5. Heard. Record perused. The Police Officer present alongwith record admits that petitioners Nos.2 and 3 claim to be wives of Zahid Javed and Wasim Haider. However, he stated that Nikah Namas were not produced, therefore, they have been challaned. He further, admits that they are not involved in any other case of this nature. Petitioner No. l is mother of the petitioners Nos.2 and

3. The allegation of the prosecution that they were found naked in the company of aforesaid Zahid Javed and Wasim Haider and two others needs further inquiry particularly when petitioners Nos.2 and 3 claim to be their wives. This fact was stated before the Investigating Officer during investigation by respectables of the village as well as by Nikah Khawan. In the presence of husband it is not believable that two other persons will commit Zina with petitioners Nos.2 and

3. The whole story A narrated in-the F. I. R. appears to be a poked up affair. The history of the petitioners does not show that they are carrying on a brothel house as alleged in the F.I.R. Petitioners are women, therefore, their case falls within first proviso of section 497, Cr.P.C.

6. For the reasons stated above, this petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with one surety in the like amount each to the satisfaction of the trial Courts. Q.M.H./M.A.K./B-26/L Bail allowed.