MUHAMMAD RAFIQUE Versus THE STATE

ORDER

Petitioner is one of the accused in case: F.I.R. No.109 registered at Police Station Raiwind, District Lahore, on 10‑5‑1990 under sections 13/14 and 18 of Ordinance VII of 1979.

2. On 10‑5‑1990 at about 2‑30 p.m. the petitioner, who is a Tangaban, allegedly transported Mst. Nasim Akhtar co‑accused from Railway Quarter, Raiwind, to a quarter near Mangamandi, where Altaf Ahmad committed Zina with her while the petitioner alongwith four others were waiting outside after locking the door. Rashid Ahmad, a resident of that locality, informed the police, which raided the premises with the help of the people of the locality and brought out Mst. Nasim Akhtar alongwith Altaf Ahmad from the room almost naked. Meanwhile the petitioner and Billa accused slipped away and were later arrested. The petitioner remained absconder for about one‑and‑a‑half years and he was arrested on 12‑11‑1991.

2. It is argued on behalf of the petitioner that the only allegation against him is that he was present outside the room where Altaf Ahmad co‑accused was committing Zina with Mst. Nasim Akhtar and before the arrival of the police he slipped away. According to him, the police has falsely. implicated him and he ran away out of the fear of the police.

3. The application has been opposed on behalf of the State on the ground that the petitioner is named in the F.I.R. and he was keeping vigil outside the room when his co‑accused were committing Zina.

4. The only adverse circumstance against the petitioner seems to be his. absconsion for some time. He has been in the lock‑up for the last about five months and by this time he has undergone sufficient ordeal. He is, therefore, granted bail if he furnishes bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the trial Court.

5. The learned State counsel is directed to let this Court know on 14‑4‑1992 as to how Altaf Ahmad co‑accused was bailed out in this case.

Learned counsel informs that the bail application of Altaf Hussain co- accused was disposed of by Pirzada Ata Mohyuddin, the learned Additional Sessions Judge, Lahore.

Since the bail application has already been disposed of, no further proceedings are taken.

N.H.Q./M‑349/L Bail granted.