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Criminal Bail Application No. 13 of 1983, decided pa 9th January, 1983.
------ S. 497 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 18-Bail, grant of-No plausible explanation for delay of 9 days in lodging of F. I. R. given-Medical certificate clearly showing that prosecutrix was not subjected to sexual intercourse-Case against accused, held, would require further inquiry at stage of trial-Bail allowed, in circumstances.
Abdul Qayum Shaikh for Applicant.
A. A. Muhammadali, Asstt. A.-G. for the State.
Date of hearing : 9th January, 1983.
The learned Advocate for the applicant submitted, that there was a delay of about 9 days in lodging of F. I. R. for which no plausible explanation at all has been given in the F. I. R. In addition to this the medical certificate shows, that Mst. Robina was not subjected to sexual intercourse and as such the offence, if any, committed by the applicant would fall under sec tion 354, Cr. P. C.
The learned Assistant Advocate-General at the outset submitted, that he was not opposing the above bail application on the ground, that there was a delay of 9 days in lodging of F. I. R. and further more medical certificate shows that Mst. Robina was not subjected to sexual intercourse at all. In view of this according to the learned Assistant Advocate-General the offence, 4 any committed by the applicant would fall under section 18 of Zina Hudood Ordinance 1979 and as such would be punishable with half of the punishment Provided for the alleged offences in question.
I have taken into consideration the above submissions made by the learned Advocates before me and have gone through the F. I. R. as well as the medical report. It is an admitted position, that there was a delay of nearly 9 days in lodging of the F. I. R. for which no plausible explanation has been given in the F. I. R. The medical certificate clearly shows, that Mst. Robina was not subjected to sexual intercourse and as such it will be necessary to hold further inquiry to find out the actual offence committed by the applicant in such circumstances. Keeping in view these two facts, in my opinion, this is a fit case for grant of bail, as the case against the applicant would require further inquiry at the stage of trial.
Therefore I allow the above application and direct that the applicant be released on bail, on his furnishing surety in the sum of Rs. 30,000, with P. R. bond in the like amount, to the satisfaction of the learned Additional Sessions Judge, Court No. 10, Karachi.
Bail allowed.
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