' The petitioners have sought their post-arrest bail in case F.I.R. No.185 registered at Police Station City, Sadiqabad on 21-4-2003 for offences under sections 13/14/10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with Article 4 of the Prohibition Order.
2. Briefly, the allegations as levelled against the petitioners in the F.I.R. Are; that Abdul Sattar, S.-I.
Police Station City, Sadiqabad while he was on patrol duty along with other police officials received a secret information on 21-4-2003 that Zina was being committed at the Chobaras of one Amanat Ali. The complainant along with other police officials reached the scene of occurrence and heard conversation going on between males and one female who were settling terms for zina-bil-raza.
Allegedly, all the persons present at the Chobara were hault up by the police including co-accused Rasheed Ahmad who allegedly holding a small bottle of liquor in his hand.
3. I have heard the learned counsel for the parties and have also gone through the record. It has been noticed that the complainant has acted in utter violation of the provisions of section 103, Cr.P.C.; the story as narrated in the F.I.R. Is not plausible as it would not be possible for the accused not the spot five police officials who had approached the scene of occurrence in a Government vehicle, ordinary circumstances after seeing the police they would not continue with their practice.
It was held in the case of Riaz v. S.H.O. (PLD 1998 Lahore 35) that in suchlike cases the police could not raid the houses of the citizens on the basis of secret information furnished by a `Mukhber . Three of the petitioners A are women whose case attract the provisions of proviso I to subsection (1) of section 497, Cr.P.C. While petitioner No.4 Amanat Ali has been saddled with somewhat similar role as that of Rasheed Ahmad co-accused who had already been admitted to bail by this Court vide order dated 26-5-2003. Consequently, I admit the petitioner to bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in like amount to the satisfaction of the trial Court.