MAZHAR HUSSAIN Versus STATE

The petitioner who is involved in a case under sections 10 and 16 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 arising out of F.I.R. No.21/93, dated 12-1-1993, registered at Police Station Saddar, Gujranwala, seeks to be admitted to bail.

2. Briefly the allegation against the petitioner as per F.I.R. is that he alongwith his co-accused abducted Mst. Hashmat Bibi with the intention of committing Zina with her.

3. The learned counsel for the petitioner contended that Mst. Hashmat Bibi made statement under section 164, Cr.P.C. after her recovery in which she levelled allegation of Zina against six persons out of those six persons, three persons were found innocent during the investigation, hence it is a case of further inquiry as it would be determined after the recording of detailed evidence whether the allegations levelled against the petitioner or other co -accused are true or not, so the petitioner is entitled to the grant of bail on this ground alone. He further contended that the S.P., Gujranwala vide Zimni No.38, dated 3-7-1993 came to the conclusion that the girl has made incorrect statement and she is a woman of easy-virtue. In the presence of this finding, it would not be desirable at this stage to rely upon the uncorroborated and bare statement of the prosecutrix and according to the findings of the S.P. the girl was a willing party and it was a case of elopement.

4. The learned counsel for the State assisted by the Police Officer has opposed this bail application on the ground that the petitioner involved in a case which falls within the prohibitory clause and the victim has categorically named the petitioner as one of the accused who committed Zina-bil-Jabr with her. Anyhow, the State Counsel conceded this fact that according to the Zimni referred to above, the S.P. opined that the woman is of easy-virtue and she did not tell the truth before the Court while making her statement under section 164, Cr.P.C.

5. After hearing the learned counsel for the parties and perusing the record I find great force in the submission of the learned counsel for the petitioner as the girl has involved so many innocent persons in this case. There is no guarantee that the allegations levelled against the petitioner which are not being corroborated by any other independent evidence, are correct, hence the case against the petitioner is one of further inquiry, because after recording of some evidence the Court would be in a position to determine which part of the prosecution story is correct or false, so the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.30,000 (thirty thousand only) with one surety in the like amount to the satisfaction of the A.C., Gujranwala.

N.H.Q./M-1485/L

Bail granted.