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Criminal Miscellaneous No.79‑B of 1984, decided on 13th February, 1984.

-‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑Bail, grant of‑‑F.I.R. lodged with delay of more than four days‑‑ Prosecutrix a married woman, medically examined 3 days after alleged outrage and no mark of violence found on her person‑ Petitioner allowed bail, in circumstances.

Malik Allah Yar Mahay for Petitioner.

Altaf Ibrahim Qureshi for the State.

On 15‑10‑1983 at 10‑11 a.m. Mst. Bilqees prosecutrix in this case was cutting grass in the fields of her village, when Muhammad Siddiq petitioner came there and caught hold of her by her arm, threw her down and having stripped her naked committed Zina with her forcibly. On the alarm raised by the prosecutrix, Gul Muhammad and Mumtaz P.Ws. reached there. Seeing the witnesses approaching the petitioner took to his heels. The prosecutrix was allegedly medically examined on 18‑10‑1983 but no mark of violence had been found on her person, however, her vaginal swabs were taken and sent to the Chemical Examiner for detection of semen, but the report is still awaited. On the next day i.e. 19‑10‑1983, her husband lodged F.I.R. with the police saying that because certain relatives of the petitioner have been pursuading him to hush up the matter, the report was delayed.

2. The petitioner in the first instance applied to the Additional Sessions Judge for the grant of bail but having remained unsuccessful there, has approached this Court for the same relief.

3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.

4. Admittedly there is delay of more than 4 days in lodging the F.I.R. and the prosecutrix who is a married lady was examined 3 day later. No mark of violence had been found on her person. Learned counsel for the petitioner has alleged that there is party faction in the village and the petitioner being opposed to party of the complainant is being victimised in this false case.

5. Without expressing any opinion on the merits of the case, I find that in the circumstances, the petitioner deserves to be bailed out. Consequently this petition is allowed. He is directed to be released on bail subject to his furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A.C/Duty Magistrate, Multan.

S. G. D. Bail allowed.

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