The petitioner Muhammad Zahid has moved this post-arrest bail petition under section 497/498, Cr.P.C. In a case registered against him under :sections 10. 11 and 19 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Rangpura, Sialkot vide F.I.R. No. 205 dated 9-8-1988. The allegation is that the petitioner committed Zina with Mst. Tahira Shahnaz.
Similar allegations were levelled against Nasecrur Rehman, Muhammad Javed and Abdul Hannan.
It has been brought to my notice that the said three accused have been admitted to bail by me vide order dated 3-1-1989 in Criminal Miscellaneous No. 4367/B of 1988.
2. It is argued that Mst. Tahir Shahnaz has made four statements under section 164, Cr.P.C. At different occasions. In her three statements under section 164, Cr.P.C. She did not implicate the petitioner and others as accused persons. However, she implicated the petitioner and other accused persons m her statement made on 27-9-1988. In her later statement made on 30-11-1988 under section 164. Cr.P.C, she disowned the above-said statement dated 27-9-1988. The prosecutrix is present before me and has made a statement that the petitioner did I not commit Zina with her.
3. The learned State counsel has not opposed the grant of bail to the petitioner. In my view, this is a case of further enquiry in as much as under similar circumstances Naseeur-Rehman, Muhammad Javed and Abdul Hannan accused have been admitted to bail by me as stated above and as such the; petitioner is also admitted to bail in the sum of Rs.50,000 with two sureties each m the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot.