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Criminal Miscellaneous No. 252/B of 1987, decided on 15th June, 1987.
---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Bail, grant of--F.I.R. delayed by two days--Delay not explained--F.I.R. revealing conduct of prosecutrix and type of woman she is --No reliable evidence connecting accused with offence- Investigation complete--Bail granted in circumstances.
Muhammad Ilyas Siddiqui for Petitioner.
Muhammad Nawaz Abbasi, A.A.-G for the State.
Sarwar son of Muhammad Hussain resident of House No. 333, Mohallah Rahimabad, Rawalpindi moved for bail after arrest. That application was dismissed by the Additional Sessions Judge by order, dated 26-5-1987. Hence this petition.
A case under section 10 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 was registered against the petitioner vide F. I.R. No. 259, dated 19-5-1987 where allegation was that the petitioner alongwith others committed sexual intercourse with Mst. Fehmida Bibi against her consent.
Learned counsel contended that F.I.R. was lodged after two days. This delay has not been explained. He further contended that contents of the F.I.R. reveal the conduct of Mst. Fehmida Bibi and the type of woman she is.
Learned counsel submitted that in the absence of any independent corroborating evidence there is no other reliable evidence l to connect the petitioner with the alleged allegation.
According to the learned counsel the medical evidence is of no consequence because Mst. Fehmida Bibi was used to sexual intercourse.
I have also heard the A.A.-G. He opposed the bail on the ground of allegation of rape.
I am not inclined to agree with him. On the other hand I think the contentions raised by the counsel for the petitioner are not devoid of force. The investigation is complete. I therefore, admit the petitioner to bail in the sum of Rs. 20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of A.C. City, Rawalpindi.
S . A . /S-78/L
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