' Muhammad Waris and Azhar'petitioners seek bail 'after arrest in case F.I.R. No.38 of 2003 registered on 7-2-2003 in Police Station Bhagtanwala, District Sargodha uner section 10 of the Offence of Zina '(Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. Was lodged by Mst. Kalsoom Bibi alleging that on the night between 5/6-2-2003 Azhar accused had .Trespassed into the room where she was sleeping, forcibly took her at -pistol point to her "Baithak" where Muhanimad Waris co-accused was also present. Muhammad Azhar Pathan, the petitioner asked his co-accused to keep watch and he himself closed the door of the "Baithak" from inside and started committing Zina-bil-Jabr with her. On hearing the noise, Liaqat Ali and Muhammad Ashraf P.Ws. Reached there and pushed the door open. On seeing them, the accused fled away. Hence the matter was reported to the police.
3. Arguments have been heard and record perused,
4. At the time of argument on this bail application, Mst. Kalsoom Bibi appeared before this Court in person and filed an affidavit to the effect that she had not seen Azhar and Waris accused at the time of occurrence and that she had mentioned their names in the F.I.R. On account of some misunderstanding. Liaqat Ali and Muhammad Ashraf P.Ws, also appeared before this Court in person. They supported the contents of their affidavit, copies of which are appended with this petition and wherein they had expressed ignorance about this occurrence.
5. The affidavit of Mst. Kalsoom Bibi the alleged victim and of the eye-witnesses namely Liaqat Ali and Muhammad Ashraf clearly make it a case of further inquiry into the guilt of the petitioners.
Hence the bail application is accepted and both the petitioners namely Muhammad Waris and Azhar are admitted to bail in the sum of Rs.50,000, with one surety each in the like amount to the satisfaction of learned trial Court.