MUHAMMAD AKRAM Versus THE STATE

ORDER

The petitioner who is involved in a case under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 arising out of F.I.R No.117/91, dated 30‑4‑9991, registered at police Station Manga Mandi, District Lahore, seeks to be admitted to bail.

2. Briefly the allegation as narrated in the F.I.R. is that he committed Zina‑bil‑Jabar with Mst. Ishrat Bibi sister of the complainant.

3. The learned counsel for the petitioner has vehemently contended that there is delay of 3‑1/2 hours in lodging the F.I.R. which had not been properly explained. He further submitted that the petitioner has been involved in this case falsely on account of enmity which he has with the prosecution witnesses particularly with Habib son of Haji Mian Muhammad and the story as given in the F.I.R. is highly improbable and unnatural, hence the case ‑against the petitioner is one of further inquiry and he is entitled to the grant of bail as a matter of right. '

4. The learned counsel for the State has submitted that the petitioner committed Ziria‑bil‑Jabar with a minor girl aged about 12‑1/2 years and the medical report is positive. As the victim is a minor hence there are no marks of violence on her body due to her tender age. In the circumstances the petitioner is not entitled to bail.

5. After hearing the learned counsel for the parties and perusing the record, I find no case for the grant of bail is made out as the petitioner is the sole accused named in the F.I.R. who has prima facie committed Zina with a girl of tender age and medical report supports the case of the prosecution. As the case of the petitioner falls within prohibitory clause of section 497, Cr.P.C. hence I decline to release him on bail. This petition is dismissed.

N.H.Q./M‑335/L

Bail refused.