This is an application for grant of bail to Muhammad Sarwar in a case under Sections 10(3) and 18 of Offence of Zina (Enforcement of Hudood) Ordinance 1979, registered at Police Station Pacca Laran vide F.I.R. No. 3/1989.
2. According to the F.I.R. Lodged by Irshad Bibi, Muhammad Sarwar petitioner had committed Zina- bil-Jabar with her. In the F.I.R. It has been stated:-- URDU PARAGRAPH 4170 The learned counsel for the petitioner submits that the medical evidence belies the allegations of commission of Zina-bil-Jabar with Mst. Irshad Bibi. Learned counsel for the State has, however, opposed this application on the ground that attempt to commit Zina was made with Irshad Bibi aged 11/12 years, a student of 4th Class.
3. I have considered the submissions made by learned counsel for the parties with care. I find, that according to the medico-legal report, Mst. Irshad Bibi was virgin and no sexual act had been done with her by the time she was medically examined; that during the investigation, Police also came to the conclusion that allegations of commision of Zina with Mst. Irshad Bibi were not true and in fact an attempt to commit sexual intercourse had been made by the petitioner; that Mst. Irshad Bibi in F.I.R. Has nowhere stated that only an attempt 1o commit rape was made by the petitioner. Instead she has categorically stated:-- URDU PARAGRAPH 4170
4. Without making expression of opinion lest it may prejudice the merits of the case, I feel that a case for grant of bail to the petitioner has been made out. So he will be released on furnishing bail bonds in the sum of Rs. 20,000 (Rs. Twenty Thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Rahimyar Khan.
M.Y.H./M-1417/L.