SARDAR MUHAMMAD SHAMIM KHAN, J.---Muhammad Ramzan, the petitioner seeks his post- arrest bail in a case registered against him vide F.I.R. No, 80 of 2010, dated 6-2-2010 for, the offences under sections 371-A and 371-B of P.P.C. registered at Police Station City Burewala, District Vehari.
2. As per F.I.R., on 6-2-2010 police received secret information that Mst. Yasmin is running a brothel house in Street No,9, Mujahid Colony, Burewala. On this information, the Police obtained search warrant and raided the house and found in one room the petitioner along with Mst. Noreen who had put off their trousers (SHALWAR) and both of them were apprehended at the spot. Mst. Noreen produced 500 which were taken into possession by the police and it was informed that Muhammad Ramzan, the petitioner had booked her for Zina for these Rs .500 .
3. Learned counsel for the petitioner submits that no time of occurrence has been given in the F.I.R.; that there is no allegation that the petitioner was committing Zina with Mst. Noreen; that there is no evidence on the record that 500 were actually paid by the petitioner to Mst. Noreen and the statement of co-accused cannot be used against the petitioner; that no person from the locality has been associated in the raid as well as during recovery of 500 from the possession of Mst.
Noreen; that the search warrant which has been obtained by the police is against law as the learned Magistrate on the application submitted before him by the police in this regard has simply written "Allowed in accordance with Law". Lastly, the learned counsel for the petitioner submits that no offence under sections 371-A and 371-B of P.P.C. is made out from the contents of the F.I.R. and he has prayed for grant of bail to the petitioner. Reliance has been placed on 2010 PCr.LJ 231 (Federal Shariat Court).
4. Learned DDPP has opposed the grant of bail to the petitioner on the ground that the petitioner is nominated in the F.I.R. that he was found alone in a room with Mst. Noreen and there is presumption that they were available there for commission of Zina. The police conducted raid after obtaining due search warrant.
5. I have heard the learned counsel for the parties and perused the record.
6. Police raided the house after obtaining search warrant but search warrant was not issued in a prescribed form after fulfilling the necessary conditions. Short order of the learned Magistrate did not show that what material of any sort was before him to make him believe that he must issue the warrant. There is no evidence that the petitioner was committing zina with Mst. Noreen co- accused. There is no evidence that the petitioner paid '500 to Mst. Noreen for the purpose of zina.
No independent witness from the locality was associated in the raid as well as during recovery of 500 from the possession of Mst. Noreen. Statement of co-accused Mst. Noreen cannot be used against the petitioner. Police after investigation has submitted challan before the competent Court and trial has not started till yet.
7. For what has been discussed above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of 50,000 with one surety in the like amount to the satisfaction of the learned trial Court.