SARDR MUHAMMAD DOGAR, J.-Practitioner seeks bail in the; case registered against him under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Phokalian, Distt. Sialkot.
2. According to F.I.R, the petitioner had, per his own request, stayed as a guest for the night in the house of the complainant and during night had attempted to commit zina with her. In that, it is alleged in the F.I.R, that he had moved on to the cot of the complainant and had not only tried to open the string of her Shalwar but had also pulled her breast.
3. It is contended on behalf of the petitioner that he has been involved falsely in this case and that the informant in her statement made later under section 164 Cr. P.C. Has exonerated him of the charge of attempt to commit zina.
4. Learned counsel for the State has not denied the factum of statement made by the informant.
He has, however, submitted that according to his instructions that statement was made under coercion. He has not produced any document in support of the said contention.
5. If that was so, the Investigating Officer could have recorded the statement of the informant in the daily diary register and produced the same in court. The contention of learned counsel for the State that -is a resuIt ol the statement made by the informant, serious trouble has erupted in the family as a resuIt of which her husband has sent her a notice for divorce, in my view does not advance the case of the prosecution to refuse bail to the petitioner.
For the reasons enumerated abvoe, a case for bail appears to have been made out. This petition is, therefore, allowed and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs. Twenty thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Sialkot.