MUHAMMAD AKRAM Versus STATE

ORDER

Muhammad Akram petitioner has moved this petition for bail in a case registered against him under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The prosecution version is that on 2nd September, 1983 the petitioner committed Zina-bil-Jabr with Mst. Sakina, daughter of Allah Ditta comp lainant. The occurrence was witnessed by Allah Ditta complainant, his wife Mst. Khadeja and Fateh P.Ws.

3. The learned counsel for the petitioner contends that Mst. Sakina, Mst. Khadeja and Fateh P.Ws. have sworn affidavits exonerating the petitioner, therefore, the case of the petitioner needs further inquiry. The learned State counsel has opposed the prayer for bail.

4. I have gone through the relevant material. Mst. Sakina has sworn an affidavit to the effect that the culprit had muffled his face and she could not identify her. Her real mother Mst. Khadeja and Fateh P.Ws. have also sworn affidavits to the same effect. In the circumstances, when the alleged victim of crime and her real mother are exonerating the petitioner, a case for hiss enlargement is made out. Consequently, I admit him to bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Sargodha.

M. Y. H. Bad granted.