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Criminal Bail Application No. 846 of 1985, decided on 23rd July, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(6)‑‑Bail, grant of‑‑General allegation of Zina against many people‑‑Complainant habitual to sexual intercourse‑‑No eye‑witness of occurrence available‑‑Case, held, required further inquiry, bail was, therefore, allowed in circumstances.
Muhammad Rafique Khanzada for Petitioner.
A.G. Mangi, Asstt. A.‑G. for the State.
Applicant Abdul Kalam is being tried for committing Zina and case has been registered under section 10(6) of Zina Ordinance, 1979, at Police Station C.I.A., Karachi, on 18‑3‑1984.
Brief facts are that complainant Aysha made an application to Inspector‑General of Police. Karachi, wherein, she complained that her husband Muttalib took her to one Waheed where he divorced tier. While she was in the house of Waheed one person came to her and wanted to have sexual intercourse but she refused, thereafter, Waheed took her to house of Noorullah who committed Zina with her. She alleged that subsequently Abdul Haq applicant Abdul Kalam and Noorullah also committed rape. The case was registered and during investigation applicant was arrested. It is contended by Mr. M. Rafiq Khanzada that co‑accused Muhammad Ramzan, A.S.I. who is responsible for this entire incident has been granted bail by the learned Sessions Judge, Karachi. He has further argued that there is a general allegation against the applicant.
Mr. Mangi, learned A.A.‑G., has no objection to the grant of bail. The medical evidence shows that Mst. Aysha is habitual to sexual intercourse and about fresh act final opinion is reserved. There in eye‑witness who saw applicant committing Zina. She has implicated So many persons. I am of the view that this case requires further enquiry. The applicant is admitted to bail on furnishing one surety in the sum of Rs.30,000 and P.R. Bond in the like amount to the satisfaction oil Sessions Judge, Karachi.
S.A. Bail accepted.
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