Sheikh Riaz Ahmad. J.-Vide F.I.R. 173 dated 7-11-1985, Police Station Sarai Miuhal registered a case against the petitioner under the provisions of section 10 of the offence of Zina (Enforcement of Hadood) Ordinance VII of 1979. In the F.I.R. Which was lodged after 5 days of the occurrence, it was stated by the complainant MSt. Hajran that in the absence of her father-in-law and husband the petitioner Liaqat armed with dandas had trespassed into her ro m and had forcibly committed sexual intercourse with her. On 13-11-19'5 she was medically examined and no marks of violence or struggle were n ticed on her body. The tenor of the F.I.R. Indicates that the petitioner had used force and Afar. Hajran Bibi had been resisting the attempt of the petitioner. 1 have perused the police file and the D.S.P. of the area who supervised the investigation indicated that none of the eye- witnesses had supported the F.I.R. And the entire evidence against the petitioner was based on hear-say.
2. It is contended by the learned counsel for the petitioner that the petitioner was falsely involved on account of previous enmity and as well as the desire of the husband of the complainant to purchase the house of the petitioner the sale of which was refused by the petitioner and his father.
Be that as it may, I do not want to further comment upon the merits of the case lest it may prejudice either side. The challan in this case has been submitted and the petitioner is no more required by the police. Accordingly, I direct that the petitioner shall be released on bail provided he furnishes security in the sum of Rs. 25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of A. C/ Chunian.