HAJI MUHAMMAD Versus THE STATE

ORDER

Haji Muhammad, petitioner herein, stands arrested in a case registered against him under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 452, P.P.C. at Police Station Bhakker. Abdul Majeed lodged a report that on the night between 15/16‑6‑1987 he alongwith his mother Tajo Mai and other family members was sleeping in his house. At 4 a.m., his brother Ahmad Saeed awakened him and informed that somebody was sleeping in the house with their mother. They identified him as Haji Muhammad, petitioner and then caught hold of him on the spot with the help of other Mohalladars and produced him at the police station. After investigation the petitioner is challaned to Court. He is in jail since then. Petitioner's bail plea was declined by the lower Court, hence this application.

2. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

3. It is contended that the petitioner is in jail for more than nine months and the trial has not concluded as yet. It is further stated that there is no allegation that the petitioner was seen committing Zina with Tajo Mai, rather the allegation is that the petitioner was seen sleeping with her on the same cot, therefore, offence under section 10/11 of the Ordinance is not made out. There is force in the argument. However, without commenting on merits of the case, the circumstances narrated above, I feel inclined to allow this petition. The petitioner is directed to be released subject to leis furnishing bail bonds in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Bhakkar.

M.Y.H./H‑57/L

Bail granted.