MST. NAJMA Versus THE STATE

ORDER

These two applications for bail i.e. Criminal Miscellaneous No. 1149/B of 1988 filed by Mst. Najma and Criminal Miscellaneous No. 1231/B of 1988 filed by Ahmad Noor petitioners are for grant of bail to them in case under sections 14, 10 and 13 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. City Gojra vide F.I.R. No. 23/88, dated 4‑2‑1988. I propose to dispose of both the applications through single order.

2. The prosecution case is that the petitioners were seen committing Zina in the dark‑room of Imran Photographer on 4‑2‑1988 at 2‑30 p. m.

3. Learned counsel for the petitioners submits that the chemical report reveals that the vaginal swabs of Mst. Najma were not stained with semen. Learned counsel for the State has opposed this application on the ground that the petitioners were seen committing Zina and were apprehended red‑handed.

4. I have considered the submission made by the learned counsel for the parties with care I find that the allegation levelled in the F.I.R. accepted at its face value no case punishable under sections 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is made out. As for section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, I find that the report of the chemical examiner does not confirm the allegation of Zina by the petitioners. Mst. Najma being woman, her case also falls within proviso to section 497, Cr.P.C.

For what has been said above, the petitioners are allowed bail in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Toba Tek Singh.

S. A./N‑138/L Bail granted.