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Criminal Miscellaneous No. 3524/13 of 1986, decided on 9th February, 1987.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Bail, grant of‑‑Petitioner, a woman, and behind bars for last 8 months‑‑Challan submitted to Trial Court with delay of about 7 months‑‑Petitioner, held, entitled to bail in view of proviso to S.497, Cr.P.C.‑‑Petitioner allowed bail, in circumstances.

Tahir Qureshi for Petitioner.

Date of hearing: 9th February, 1987.

Vide F.I.R. No. 282, Police Station Chiniot registered a case against the petitioner under the provisions of section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 read with section 109, P.P.C. One Mst. Jantan, who owns a house in Chiniot is using the house for the commission of Zina. It was further alleged, that Mst. Jantan facilitated the various couples to indulge into the nefarious act of Zina. It was alleged by the complainant, Shaukat Ali that the Muhallahdars started watching the activities of Mst. Jantan and thus, on 12th June, 1986 at 7‑15 a.m. the petitioner and one Mazhar Ali entered the house of Mst. Jantan and started committing Zina. It was alleged that the complainant alongwith the witnesses named in the F.I.R. reached the house the door of which had not been chained from inside, it was alleged that the complainant and the other eye‑witnesses opened unchained door and found the petitioner and Mazhar Ali naked committing Zina with each other. It was further alleged, that Mst. Jantan was also sitting near the couple and on seeing the complainant and others Mst. Jantan succeeded to escape from the house, while the petitioner Noor Bibi in her attempt to run away fell down and received an injury on her foot.

2. On the basis of the above‑noted information, the case was registered and the petitioner was arrested. 1n support of this bail application, it has been urged by Mr. Tahir Qureshi, Advocate, that the case is fabricated and has been registered on account of the enmity. because the complainant wanted to purchase the house of the father of the petitioner to which the petitioner's father had not agreed. It has been further argued, that the prosecution story on the face of it does not inspire confidence inasmuch as the door of the house had not been chained from inside and Mst. Jantan was also sitting, when the petitioner and Mazhar Ali were committing Zina with each other. Learned counsel has also drawn my attention to the affidavit of the witnesses who accompanied the complainant at the relevant time in which the said witnesses have denied the occurrence.

3. The petitioner is behind the bars since June 1986 and the challan was submitted in January 1987. Such delay is the negligence on the part of the investigation agency and requires to be probed into by S.P. and D.C., Jhang. Accordingly, I would direct both the officers not only to look into" the delay in investigation of this case, but also to chalk out a plan under which the delays can be curbed. Adverting to the facts of this case, without expressing any opinion as to the merits of the case, lest it may prejudice ether side, I am inclined to admit the petitioner to bail because proviso to section 497 is also attracted to the facts of this case. The delay in the submission of challan in the trial is another ground to grant bail to the petitioner. Accordingly, I direct that the petitioner shall be released on bail provided her father Abdul Rehman furnishes security in the sum of Rs.25,000 (Rs. twenty‑five thousand only) with one surety in the like amount to the satisfaction of A.C. Chiniot.

S.S.D/N‑19/L, Bail allowed.

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