LIAQAT ALI Versus THE STATE

ORDER

This is an application for bail on behalf of Liaqat Ali petitioner in a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered against him at Police Station Saddar Sadiq Abad on the statement of Mst. Parveen daughter of Muhammad Ishaq vide F.I.R. No. 149/87, dated 1‑7‑1987.

2. Briefly, the prosecution case is that on 30‑6‑1987 at about 2‑30 p.m., when the complainant was all alone in her house, the petitioner came there and committed Zina‑bil‑Jabr with her after taking off her Shalwar by breaking the string. According to the F.I.R. the alarm raised by the victim attracted Farooq Ahmed and Muhammad Nawaz to the place of occurrence and on seeing the said witnesses the petitioner made good his escape.

3. I have heard the learned counsel for the parties and have perused the record. There is no reasonable explanation for delay in lodging the F.I.R. There is no eye‑witness of the occurrence. Farooq Ahmed and Muhammad Nawaz, according to the F.I.R. came later. The accused left the spot on arrival of these persons. There was no mark of fresh violence on the person of Mst. Parveen. There was no injury even on her private parts. The Shalwar or the broken string were not produced before the police at the time of F.I.R I, therefore, find that the case against Liaqat Ali petitioner requires further inquiry. 'He is, accordingly, admitted to bail on his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Rahimyar Khan.

M.Y.H./L-35/L Bail granted.