' Applicant Hafiz Luqman, the Pesh Imam of Masjide Siddiquia who is detained in Crime No,644 of 1989, Police Station Korangi, under section 18 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, applied for bail before learned IVth Additional Sessions Judge (East) Karachi, but his prayer was refused vide order, dated 4-9-1989. The applicant has now approached this Court with the same prayer.
2. It is alleged that the applicant had nade an attempt to commit Zina with his student Noreen aged about 8 years. Noreen informed about this act of the applicant to her mother Mst. Perveen who in turn conveyed it to her husband Muhammad Hussain after he returned to his house during night time. The applicant was apprehended with the help of persons of locality and was produced before S.H.O. Korangi Police Station where Muhammad Hussain lodged F.I.R. Noreen was referred for medical examination and the Medical Officer who examined her found her vagina red and congested and he was of the opinion that she was subjected to sexual assault. On the basis of this evidence the applicant was sent up to stand trial for the offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
3. I have heard Mr. Muhammad Yousuf Memon, learned counsel for applicant and Mr. Shaukat H.
Zuhedi, learned A.A.-G. For State. The latter has vehemently opposed the bail application.
4. There is satisfactory evidence on record connecting the applicant with the offence of Zina and although the police has applied section 18, the offence prima facie falls under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, which is punishable with imprisonment for a term which may extend to 25 years. The contention of the learned counsel for applicant that complainant is himself a narcotic peddler has hardly and relevancy in this case. It is inconceivable that any father would bring disgrace to himself by ascribing-such shameful act for no obvious reason.
5. For the foregoing reasons, I find no merits in the bail application, which is accordingly dismissed.
Bail declined.