JALEEL AHMAD ALIAS MUHAMMAD AJMAL Versus THE STATE

ORDER

The petitioner is involved in case F.I.R. No.224 under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), registered at Police Station Pacca Laran, Tehsil Liaquatpur, District Rahimyar Khan, on 22-10-1995, at the instance of Mst. Sughran daughter of Wahid Bakhsh.

2. It was alleged by the complainant that she was present in the field alongwith her younger brother when the petitioner caught hold of her, put her down and committed Zina with her. On her raising hue and cry, Elahi Bakhsh and Saeed Ahmad, P.Ws. were attracted to the spot. The petitioner ran away on seeing the witnesses.

3. It is submitted by the learned counsel for the petitioner that the case is absolutely false and is the outcome of party faction in the village; the two witnesses mentioned in the F.I.R. had appeared before the learned Additional Sessions Judge, Liaquatpur and had placed their affidavits on the record which clearly negated the occurrence; that there is no reasonable ground showing that the petitioner had committed the offence.

4.Learned State Counsel, however, argued that although the P.Ws. have not supported the prosecution and have sworn their affidavits, nevertheless, the value and worth of these affidavits will be seen during the trial.

5. Arguments have been heard and record perused.

Both the eye-witnesses named in the F.I.R. have sworn affidavits that they had not seen the occurrence and they themselves had put in appearance before the learned Additional Sessions Judge with this claim. The petitioner is in judicial lock-up since 16-11-1995 and the trial has not yet commenced. In these circumstances, there seems to be no sufficient ground for keeping him in jail for indefinite period. He is, therefore, admitted to bail in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate; Liaquatpur.

N.H.Q./J-12/L Bail granted.