This order intends to dispose of as many as four bail petitions captioned above as such these are out come of one and the same FIR.
2. Through these petitions, the petitioners have sought for the relief of their post arrest bail in a case FIR No, 198/2003 dated 18.7.2003 registered against them and their co-accused under Section 10/7/79 Offence of Zina (Enforcement of Hadood) Ordinance No, VII of 1979, at Police Station City Alipur, District Muzaffargarh on the grounds that they have been falsely implicated in this case; that the offences complained are not applicable against the petitioners; that there is seven days inordinate delay in lodging the FIR; that as many as six co-accused of the petitioners have been declared innocent during the investigation; that there is no allegation of zina leveled against the petitioners. It is lastly contended that the case of the petitioner is covered under sub-section (2) of Section 497 Cr. P.C.
3. On the contrary, the learned State counsel has opposed the petition on the grounds that they are named in the FIR and specific allegations have been leveled against the petitioners; that the offences complained are of heinous nature and fall within prohibitory clause of Section 497 Cr.P.C, therefore, they are not entitled for extraordinary concession of bail.
4. Heard both the parties. Record perused.
5. Record reveals that the allegation against Zubair, Muhammad Amir and Riaz Hussain Mitha is that they remained present out side the place of occurrence waiting for their term to commit crime complained whereas the allegation against Nazim Hussain petitioner is that he only facilitated his co-accused at the time of commission of offence. Admittedly the facts narrated in the report dated 17.7.2003 regarding the occurrence and about the accused persons all together are different from the FIR. In as much as out of thirteen accused, six have already been declared innocent during the investigation. Apart from that the case against the petitioners has been lodged with an inordinate delay of seven days. More over Riaz Hussain Mitha petitioner has also been exonerated from the case by the complainant. The learned counsel for the petitioners pointed out during the course of his arguments that there is no allegation available on the record in respect of committing Zina by the petitioners with Mst. Shahbana prosecutrix whose statements under Sections 161 and 164 Cr.P.O have not been recorded. The learned counsel for the petitioners further pointed out that though Nazim Hussain petitioner allegedly facilitated his co-accused in the commission of 'zina with prosecutrix yet he being at the age of less than 12 years his case falls within Juvenile Justice System. To his extent the Medical Officer has also opined that at the time of his examination about his potency he was found not fit to perform sexual intercourse. The petitioners are behind the bars being no more required by the police for further investigation.
6. In this view of above discussion, the petitioners are held entitled for concession of bail subject to furnishing bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousand only) with one surety each in the like amount to the satisfaction of the trial Court.