This is an application for the grant of bail to Ghulam Farid in a case under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and under section 302 of the P.P.C., registered at Police Station, Shujabad, vide F.I.R. No.168/90 dated 7-7-1990.
2. The prosecution case is that the petitioner committed Zina with Mst. Aisha Bibi on the night between 6/7-1-1990 in Mauza Rasoolpur of Police Station, Shujabad.
3. The learned counsel for the petitioner submitted that from the F.I.R., it appears that no one had seen the petitioner committing Zina with Mst. Aisha and that when Moosa Khan complainant reached the spot, he simply saw Muhammad Qasim, husband of Mst. Aisha Bibi, grappling with the petitioner and the petitioner made good his escape.
4. The learned State counsel has opposed this petition.
5. I have considered the matter carefully. I find that on the following day of the occurrence, the police had recorded the statements of two witnesses, namely, Iqbal and Ashiq, who claimed to have seen the petitioner committing Zina with Mst. Aisha Bibi. From the F.I.R., it transpires that Muhammad Qasim had seen the petitioner committing Zina with his were. When the petitioner successfully ran away from the scene, Muhammad Qasim went to his house and killed his were Mst. Aisha Bibi. This circumstance tends to corroborate the allegation of Zina against the petitioner.
6. Pursuant to the above discussion, the petition is dismissed.