NAZIR AHMAD SIDDIQUI, J.~ This single order shall dispose of the following bail petitions arising out of IR No. 113/2003, dated 27.5.2003 registered under Sections 13/14/10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 at Police Station City C-Division, District Rahim Yar Khan.
(i) Cr. Misc. No. 777-B/2003 Muhammad Boota and 5 others Vs. The State and;
(ii) Cr. Misc. No. 807-B/2003 Mst. Kalsoom and another vs. The State
2. As per FIR petitioners were taken into custody by the complainant and others after having found them committing Zina with each other in the house of Nazir Ahmad who was allegedly running a brothel house.
3. Arguments heard. Record perused.
4. Lt could not be denied that Nazir Ahmad against whom allegation of running a brothel house was levelled, had already been enlarged on bail vide order of the learned Additional Sessions Judge, Rahim Yar Khan; that affidavits of alleged eye-witnesses namely Fayyaz son of Muhammad Nanas and Khawand Bakhsh son of Jam Ghalu including the complainant Mithal son of Rahim Bakhsh to the effect that the principal accused Nazir Ahmad was wrongly involved, go a long way prima facie to create a negative impression qua the prosecution story stated in the FIR; that apparently the complainant and the alleged eye-witnesses were not competent to step into a private house even on the pretext of having received an information about the commission of alleged offence, they could have adopted a legal course; that presently there is no evidence on the police file as to who was committing zina with whom; that medical examination of. The petitioners (female) was not conducted; that the petitioners are behind the bars for the last four months and presently they are no more required by the Investigating Agency.
5. All the above factors taken together bring the case of the petitioners within the ambit of further inquiry, therefore, this petition is allowed by admitting the petitioners to post-arrest bail subject to their furnishing bail bonds in the sum of Rs. 1,00,000/- (Rs. One lac) each with two sureties each in the like amount to the satisfaction of their learned Trial Court.