' Petitioner seeks bail in the case registered against him and others under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Mochiwala District Jhang on 2- 11-1988.
2. According to F.I.R., the petitioner while armed with a gun, accompanied by Mokha, had entered the house of the complainant during night, had dragged her from the cot and had broken the string of her Shalwar while his co-accused had called out to fire. In the meantime, her children woke up. They raised alarm. Her husband came there. He also raised alarm as a result of which the P.Ws. Arrived at the scene and the accused ran away.
' It is further stated that the petitioner and his co-accused had pressed upon the complainant to submit for Zina 3/4 days prior to the occurrence but she had abused them. It is further mentioned in the F.I.R. That in the morning when husband of the complainant went to the petitioner and his co- accused to make a complaint, the four other accused, named in the F.I.R., had quarrelled with him and threatened him that he may do anything that he wishes.
3. The F.I.R. In fact was lodged on a written application of the complainant. Although it is mentioned that the petitioner dragged the complainant from the cot and had broken the string of her Shalwar yet there is no specific allegation that he made any other effort to commit Zina. His co-accused have already been released on bail. He is in jail for 5-1/2 months. The challan is still pending in the Court of the Illaqa Magistrate, and has not been sent to the Court of Session till today.
' In the circumstances, 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, fifteen thousand with one surety in the like amount to the satisfaction of the Assistant Commissioner, Jhang.