' ALI NAWAZ CHOWHAN, J.---The matter pertains to case F.I.R. No.611 of 2004, dated 25-11-2004, registered under section 10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station, Naushehran Virkan, Gujranwala.
2. The following excerpt is taken from the F.I.R. Which speaks of offence by stating:-- {{URDU TEXT}}
3. According According to the learned counsel for the petitioner, the petitioner was Christian and it is yet to be seen whether the provisions of section 10 will be applicable to him. That there were no four eye-witnesses at the site to bring the offence under the provisions of section 10 and neither any D.N.A. Test has been conducted in lieu thereof and there is a statement of lady, who has been found to be pregnant by her parents to this effect. How far we can believe her statement, will again be a question for judicial scrutiny. That even otherwise she was a married woman and without D.N.A. Test it could not be stated with certainly as to who committed the offence. There is already a delay of four months in lodging of F.I.R. And all these circumstances constitute a case of further inquiry as far as the petitioner is concerned. It is further stated that anyhow this was not a case of because the girl never complained of the act in the past and appears to be a consenting party, if at all the offence has been committed. When questioned, Rasheed Hamik, S.-I., who brought the record, stated that there was no direct eye-witness of the occurrence.
4. This Court agrees with what has been contended by the learned counsel for the petitioner. This is a case of further inquiry. Therefore, this Court allows bail to the petitioner provided he furnishes bail bond in the sum of Rs.25,000 (Rupees twenty-five thousand) with one surety in the like amount to the satisfaction of the trial Court.