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Criminal Miscellaneous No. 2393/B of 1983, decided on 8th October, 1983.

-- S. 497/498-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 13/17-Bail-Prima facie case made out against accused and Police preparing challan for submission in Court-Proper course in view of facts and circumstances of case, held, would be to move bail application after evidence has been recorded by trial Court-Bail refused in circumstances.

Kh. Muhammad Sharif with Hafiz Muhammad Sadiq for Petitioners.

Muhammad Akbar Cheema for the Complainant.

Abdul Rehman for the State.

The petitioners have been reported against and are accused in a case under section 13/16 of Ordinance VII of 1979.

2. The Investigating Officer Muhammad Bashir A. S. I. is present and he states that the challan has been prepared and is being put in Court within the next few days.

3. The learned Additional Sessions Judge after going through the facts and circumstances of the case has in exercise of his discretion not deemed it fit to enlarge the petitioners on bail. He has also taken into consideration the circumstance that the real son and daughter of the petitioner No. 2 have supported the allegation of illicit relations amounting to Zina.

4. I have heard both the sides at length. After having given due consideration to the matter, I feel that a prima facie case having been made out and the Police having prepared the challan which is going to be submitted in Court, it seems proper that in the facts and circumstances of the case the petitioners move the application for the grant of bail after some evidence has been recorded by the trial Court. I am presently no inclined to exercise my discretion in favour of the petitioners. The petition is accordingly dismissed.

M. Y. H. Bail refused.

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