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Criminal Bail Application No.592 of 1986, decided on 26th May, 1986. Criminal Procedure Code (V of 1898)‑ ‑‑‑5. 498‑‑Offence of Zina (Enforcement of Hudood). Ordinance (VII of 1979). S.10‑‑Bail‑‑Confirmation‑‑Accused, a Head Moharrir granted interim bail‑‑Accused charged for committing Zina with a maid‑servant, a girl of 15 years‑ Contention of accused that police with ulterior motives and to cause irreparable injury was chasing him, not believable, him‑‑‑Wife of' accused also implicating him‑‑Interim bail not confirmed in circumstances.

Badar Muneer for Applicant.

A. Sattar Sheikh, Addl.

A.‑G., Sind for the State.

This is an application for bail before arrest moved on behalf of Jawed Anjum the applicant who has been booked by North Nazimabad Police Station, under section 10(2). Zina (EHO), 1979. The F.I.R. was lodged by Mst. Nazia daughter of Ma11Ah Muhammad Din, aged 15 years who is alleged to be the maid servant of the applicant, for committing rape upon her. A similar application was moved before the first Additional Sessions Judge Karachi West which was dismissed on 23‑4‑1986.

On 11‑5‑1986, 1 granted interim bail to the applicant. Today, I have heard the counsel for the applicant and Mr. A.Sattar Sheikh, A.A.‑G. Sind. The learned A.A.G. submits that this is not a fit case for bail befone arrest and he relies on Murad Khan v. Fazale Subhan and another P L D 1983 S .C 82. In reply it is submitted by the learned counsel for the applicant that in paragraph 8 he has alleged that the police with ulterior motives and to cause irreparable injury is chasing the applicant. I find no reason to believe this statement for the applicant is a Head Muharir of Ferozabad Police Station. The police could not unduly arrest him. No enmity is alleged with any police officer. Indeed, the wife of the applicant has implicated him as would A appear from the police papers produced by the learned A.A.‑G. which show that an application was made by Bushra Khanum the wife of the applicant to the Senior S.P. District Karachi West, wherein she alleged that the applicant has employed one girl by the name of Nazia and he) committed intercourse with her.

For the aforesaid reasons, I am of the view that it is not a fit case in which interim bail before arrest granted to the applicant should be confirmed. I, therefore, reject the application.

M.Y.H. Interim bail not confirmed.

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