' Petitioner seeks bail in a case registered vide F.I.R. No. 113, dated 9-3-2004 under Sections 10, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Batala Colony, Faisalabad. The prosecution story briefly stated is that on a source report to the effect that one Muhammad Irshad a proclaimed offender could be arrested if a raid was conducted at the house which was being run as brothel, a police party conducted raid, entered the house main door of which was already opened and the petitioner was found committing Zina with Nazia. The total number of persons arrested from the house were nine, the co-accused Imran was allegedly committing Zina with Humera while other co-accused mentioned in the F.I.R. Were preparing for the offence in question. Learned counsel appearing for the petitioner's learned counsel is not in a position to argue the case. However, I am not inclined to adjourn this case. I have perused the record with the assistance of learned counsel for the State. Learned counsel for the State admits that three co-accused namely Yasir, Shahzad, and Ijaz have already been allowed bail by the Additional Sessions Judge. According to him the allegation against them was not committing Zina but they were preparing for the said offence. Further adds that the challan has already been submitted in the trial Court, thatnone of the women co-accused were subjected to Medico-Legal report as they did not give consent for the same and further that petitioner is not involved in any other criminal case.
2. Prima facie it is repellant to common sense that the owner of the house and the petitioners would keep the doors open and commit the kind of offence which is alleged. There is no medical evidence to support the prosecution case. Petitioner is a young man of 20/22 years and he is no more required for further investigation. In the afore-referred circumstances this petition is allowed and subject to petitioner furnishing bail bond in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the learned Ilaqa Magistrate Section 30, he shall be released on bail.
Bail, granted.