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Criminal Miscellaneous No. 790-B of 1983/BWP., decided on 10th September, F 1983.
---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)--Bail--Three persons stated to have committed Zina-bil -Jabr but neither marks of violence on external genitalia nor tear or laceration or bleeding found by prosecutrix doctor--Chemical Examiner's report received earlier also indicating that swabs not stained with semen- Negative report of Chemical Examiner arising in due course of events making a case of further inquiry--Bail granted.
Raja Muhammad Khurshid AI-Nasir for Petitioner.
Malik Fida Hussain for the State.
This is an application for bail on behalf of Pervez Akhtar petitioner in a case under section 10(3) of the offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Saddar, Bahawalpur, vide F.I.R. No.187/83, dated 18th July,1983.
2. The prosecution case is that the petitioner and 2 others, namely, Tariq . Mahmood and Shabbir Hussain committed Zina-bil-Jabr with Mst. Siraj Mai on 18th July, 1983 in the area of village Karna of P.S. Saddar, Bahawalpur.
3. Learned counsel for the petitioner submits that after the rejection of the earlier application of the petitioner-by this Court, a fresh ground has arisen in due course of events inasmuch as according to the report of Chemical Examiner, 'the swabs sent to him were found "not stained with semen".
As against this, the learned counsel for the State has opposed this application on the ground that the Chemical Examiner's report indicates that the swabs were blood-stained.
4. After hearing the learned counsel and going through the record I find that according to medico-legal report no marks of violence on external genitallia, no tear or laceration or bleeding was found by lady doctor that there was slight bleeding during swabing; that no definite opinion was given by lady doctor and she stated in the medico-legal report that I final result will be given after the receipt of the report of Chemical Examiner and that after the rejection of the earlier plea for bail of the petitioner. Chemical Examiner's report was received which indicates that) the swabs are not stained with semen. It may be mentioned here with some advantage that the prosecution case is that 3 persons had committed Zina-bil-Jabr with the prosecutrix. In these circumstances, I am of the opinion that fresh ground i.e. negative report of the Chemical Examiner has arisen in due course of events which entitles the petitioner to the concession of bail. To my mind, in view of the report of Chemical Examiner, it is, now a case of further enquiry. The petitioner is therefore allowed bail in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Bahawalpur.
M. Y. H . Bait granted.
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