MUHAMMAD AKRAM Versus STATE

The petitioner who is involved in a case under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 380, P.P.C., arising out of F.I.R. No.499/93, dated 22-9-1993 registered at Police Station Nawan Kot, Lahore, seeks to be admitted to bail.

2. Briefly the allegation against the petitioner is that he enticed away Mst. Salma Bibi from her house with the help of his co-accused. On checking of the house by the complainant, it transpired that some golden ornaments amounting to Rs.50,000 were also missing.

3. The learned counsel for the petitioner contended that the occurrence took place on 19-9-1993 whereas the F.I.R. was recorded on 22-9-1993 and the delay of three days remained unexplained which makes the prosecution case doubtful. He further contended that there is no eye-witness of the Zina. The only evidence available on the record is this that the petitioner was arrested on 16-10-1993 alongwith Mst. Salma Bibi his co-accused who is a married lady near a bus stop. In the end, he submitted that the petitioner was tenant of the father-in-law of Mst. Salma Bibi and in order to get the eviction of the petitioner's family and his father, this false case has been engineered with the help of local police, hence the case against the petitioner is one of further inquiry and he is entitled to the grant of bail. He has placed reliance on 1991 P Cr. L J 2405.

4. The learned counsel for the State assisted by the Police Officer, has submitted that the petitioner and his co-accused Mst. Salma Bibi a married lady, were arrested on the bus stop and they remained missing from the house from 19-9-1993 till they were arrested on 10-10-1993. He submitted that there is circumstantial evidence as well as direct evidence of Abdul Majid, younger brother of the husband of Mst. Salina Bibi who saw the petitioner and the said lady in a compromising position in his house prior to this occurrence. He also contended that Mst. Salma Bibi is a married lady and the petitioner enticed her away after developing illicit liaison with her, hence he has committed an offence which falls within the prohibitory clause, so he is not entitled to the grant of bail.

I have heard the learned counsel for the parties and have perused the record.

6. Admittedly, the petitioner was putting up in the same house as a tenant of the father-in-law of Mst. Salma Bibi and the possibility cannot be ruled out that they might have developed illicit liaison and then the petitioner enticed away the said married lady and committed Zina with her. Though there' is no direct evidence except the evidence of Abdul Majid but there is circumstantial evidence to that effect that they remained together approximately for more than 24 days, hence there exist reasonable grounds to believe that the petitioner is involved in a case which falls within the prohibitory clause, so this petition being devoid of force is dismissed.

N.H.Q./M-1459/L

Bail refused.