Maulvi HANIF vs THE STATE

ORDER

' M. BILAL KHAN, J.-Maulvi Hanif son of Muhammad Munshi petitioner seeks his post-arrest bail in case F.I.R. No,496 dated 2-9-2004 for offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance Vll of 1979, registered at Police Station Baghbanpura, District Gujranwala.

2. The case of the prosecution as unfolded in die F.I.R, recorded at the instance of Muhammad Iqbal son of Muhammad Siddique was that the petitioner runs a general store in the Mohallah; on 2-9- 2004 at 12-30 p.m. His daughter Iqra aged 9/10 years had gone to the said shop; that the petitioner cajoled the child and took her behind the backside of the shop and tried to ravish her; the cries of the child attracted Muhammad Iqbal Butt, Muhammad Rasheed, Malik Zaheer and Muhammad Mushtaq who were passing through the lane; they found the shalwars of both the petitioner and the child removed and saw that the petitioner was trying to commit Zina-bil-Jabr with her, that the petitioner was overpowered by the witnesses. Resultantly the instant F.I.R, had been recorded.

3. The petitioner was arrested on the same day i.e, 2-9-2004 and is in custody ever since. His application for post-arrest bail was turned down by the learned Additional Sessions Judge, Gujranwala vide his order dated 21-9-2004. Hence this petition.

4. I have heard Mr. Mazhar H. Tahir, the leamed counsel for the petitioner as also Mr. Saifullah Khalid, the learned State Counsel and have perused the record brought by Irshad Ahmad, A.S.I., Police Station Baghbanpura, District Gujranwala.

5. It has been observed that the complainant of the case and also the eyewitnesses had sworn affidavits, which are available on the record, to the effect that they had been convinced about the innocence of the petitioner and that the incident had not been witnessed by them with their own eyes. It is not denied that the petitioner is an elderly man of 65 years and there is no criminal record against him.

' The contention of the learned counsel that one of his rivals namely Musthaq Gujjar who runs a general store in front of petitioner's shop has attempted to falsely involve the petitioner on account of business rivalry coupled with the factum of affidavits having been sworn by the complainant and his witnesses, has some substance. The submissions of these affidavits made the case of the petitioner open to further inquiry within the meanings of subsection (2) of section 497, Cr.P.C, and the culpability of the petitioner is to be determined at the time of trial.

6. Resultantly this petition is allowed and the petitioner is admitted to bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.