GHULAM SARWAR Versus THE STATE

ORDER

The petitioner through this petition filed under section 497, Cr.P.C. seeks post-arrest bail in case F.1.R. No.98/95, dated 6-2-1995 under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, registered with Police Station Saddar, Jhang, at the instance of -one Ijaz Ahmed son of Allah Ditta, for an occurrence which took place on 15-3-1993, against Ghulam Sarwar, petitioner herein.

2. Brief facts of the case are that a case F.I.R. No. 119, dated 15-3-1993 under section 10/16, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was got registered at Police Station Saddar, Jhang against Hakim Ali, Nawaz Ahmed, Mubarik and Maulvi Abdul Haque. The investigation of the said case was thoroughly conducted by the local police who came to the conclusion that the case was false and the accused persons were falsely implicated in this case. Consequently, the Investigating Officer, recommended for the preparation of report for cancellation of the case. The S.H.O. after preparing report for the cancellation of the case as being false, presented it before the Allaqa Magistrate and obtained necessary orders. Thereafter the present case was registered against the petitioner and was thus arrested.

3. Learned counsel for the petitioner argued that the case against the petitioner could have n9t been legally registered in view of the provision contained in paras. (a) and (c) of Second Exception to section 3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. He relied upon Muhammad Masood v. Abdullah etc. 1992 SCMR 638.

4. On the other hand, learned counsel for the complainant as well as the learned counsel for the State controverted the contentions raised- by the learned counsel for the petitioner.

5. The relevant paras of Second Exception to section 3 reads as follows:--

(a) A complainant makes an accusation of Zina against another person in a Court, but fails to produce four witnesses in support thereof before the Court.

(c) According to the finding of the Court, complainant has made a false accusation of Zina-bil-Jabr.

6. Bare reading of the above sections makes it quite clear that the case can only be registered if one makes a false accusation of Zina-bil-Jabr in the Court and the Court finds that the witness has given false evidence of commission of Zina-bil-Jabr.

7. In this view of the matter, the ad interim bail already granted to the petitioner vide order dated 7-6-1995 of this Court, is confirmed.

N.H.Q./G-289/L Bail granted.