SANAULLAH Versus STATE

The petitioner who is involved in a case under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, arising out of F.I.R. No. 168/93, dated 4-6-1993, registered at Police Station Cantt. Gujranwala, seeks to be admitted to bail.

2. Briefly the allegation against the petitioner is that he attempted to commit Zina-bil-jabr with Mst. Razia Sultana complainant.

3. The learned counsel for the petitioner contended that from the narration of facts given in the F.I.R. the offence under section 18 of Ordinance VII of 1979 is not made out. On the contrary, at the most, the case may fall under section 354, P.P.C. which is bailable by itself. The occurrence took place on 3-6-1993 whereas the F.I.R. was lodged on 4-6-1993 which delay remained unexplained; the petitioner is behind the bars since 4-8-1993 and uptil now no progress has been made in the case. The learned counsel submitted that in view of the foregoing submissions, the case against the petitioner is one of further inquiry and the petitioner is entitled to the grant of bail.

4. The learned counsel for the State assisted by the police officer, has opposed this bail application.

5. I have heard the learned counsel for the parties and perused the record.

6. Admittedly, the occurrence took place on 3-6-1993 and the matter was reported to the police on 4-6-1993 and this delay remained unexplained. From the narration of the facts mentioned in the F.I.R. it is not clear whether the petitioner actually attempted to commit Zina-bil-jabr or he only outraged the modest of the girl, so the case. against the petitioner is one of further inquiry and he is entitled to bail, hence the petitioner is admitted to bail in the sum of Rs. 50,000 (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the A.C., Gujranwala.

N.H.Q./5-477/L ?????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.