PROVINCE OF PUNJAB Versus WALI MUHAMMAD MOKAL

ORDER

1. Zafar Iqbal petitioner is accused of Zina with an unmarried woman named Mst. Phaphi, at about 7 or 8‑00 a.m. four days before l5th December, .1987, when she was present in her house. The incident was reported by Mst. Phaphi on 15‑12‑1987. She was medically examined on the same day. The doctor found no marks of injuries on any part of her person; her hymen was torn and admitted two fingers easily. Vaginal swabs were sent for medical examination and the report is that they were stained with semen. According to the F.I.R. when the petitioner had completed the act of Zina with Mst. Phaphi, her brother Manzoor Ahmad and two others namely Manzoor son of Maulu and Yousaf reached the spot. She narrated the incident to her brother Manzoor Ahmad and he gave beating with a Sota to the petitioner. It appears however, that the petitioner was not medically examined. Before the learned Additional Sessions Judge who decided the petitioner's bail application, affidavits sworn to by all the three eye witnesses including Mst. Phaph11's brother Manzoor Ahmad were filed; they were to the effect that they had not seen the incident taking place and that the petitioner was innocent. In my view, the affidavits coupled with the fact that there was a delay of four days in the making of the F.I.R. and there was no satisfactory explanation for the delay, entitled the petitioner to bail. I, therefore, allow the petitioner to be released on bail on furnishing of bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sargodha.

2. H.B.T./Z‑87/L Bail granted.