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Criminal Miscellaneous No.3241‑B of 1986, decided on 22nd December, 1986.
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). S.10‑‑Bail, grant of‑‑Excepting solitary statement of co‑accused no other evidence available against petitioner of committing Zina with her‑‑Disclosure regarding commission of Zina also made after a good deal of delay‑‑Petitioner allowed bail, in circumstances.
Muhammad Aslam Khan for Petitioner.
Date of hearing: 22nd December, 1986.
Nadeem Akhtar alias Pappi petitioner has applied for bail in a case under section 302/318 P.P.C. and Article 10 of the Offence of Zina (EOH) Ordinance, 1979.
2. The prosecution case is that he had illicit relations with Mst. Shamim Akhtar co‑accused as a result of which she became pregnant and gave birth to a baby girl who was done to death by her and thrown in an open land.
3. Bail is urged on the ground that the petitioner is not named in the F.I.R. and that the only evidence against him is of Mst. Shamim Akhtar co‑accused who made a statement for the first time on 31‑8‑1986 that she had become pregnant on account of her illicit relations with the petitioner. She does not level any allegation against the petitioner of killing the baby girl.
4. Learned counsel for the State submits that the police have challaned the petitioner under Article 10 of the Offence of Zina (EOH) Ordinance 1979 only and not for the murder or concealment of the dead body of the deceased.
Excepting the solitary statement of Mst. Shamim Akhtar co‑accused there is no other evidence against the petitioner of committing Zina with her. She made the disclosure after a good Deal of delay. In these circumstances, the guilt of the petitioner requires further inquiry. Accordingly, I admit him to bail in the sum of Rs.16,000 with two sureties in the like amount to the satisfaction of A. C., Gujranwala.
S. Q. /N‑7/ L Bail allowed.
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