' The petitioner Muhammad Tanvir, who is involved in a case under sections 13,14 and 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No,289 dated 3-6- 1987, . Registered at Police Station Titbi City, Lahore, seeks to be released on bail.
2. Allegations against the petitioner are that on 3-6-1987, at 12.30 night, he and his co-accused were found in a brothel being run by Abdul Rehman co-accused in Sheikhupurian Bazar committing Zina with women, who were not married to them. The petitioner was allegedly found committing sexual intercourse with Mst. Tasleem daughter of Nawab. Resident of the same locality and at the relevant time was going through the Bazar when .He was apprehended by the police and falsely involved in the case. It has further been urged that no corroborative evidence is available against the petitioner. The woman with whom he was allegedly committing Zina refused to subject her to medical examination, but the petitioner has been subjected to medical examination for masculanity. It has been alleged that at the time of raid by the police he had already penetrated his sexual organ but in that behalf no medical examination has been carried out for detection of semen or secretion on his private parts or on his clothes. No bed-sheet etc. Stained with semen or secretion has been secured on which the petitioner and Mst. Tasleem were allegedly indulging in the coital act.
4. The petitioner is behind the bars since 3-6-1987 and his trial has not yet commenced. Mst.
Tasleem Akhtar co-accused has already been admitted to bail by this Court.
5. In the above circumstances, the petitioner is admitted to bail, without prejudice to the merits of the case, in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the A.C.
City Lahore.