S.M. ZUBAIR, J:- The petitioner who is involved in a case under section 10 of Ordinance VII of 1979, arising out of F.I.R.No.703/92, dated 29-12-1992, registered at Police Station Bhai Pheru, District Kasur, seeks to be admitted to bail.
2. As per F.I.R., the petitioner is alleged to have committed Zina Bil Jabr with Mst. Fatima Bibi, aged 50/51 years.
3. Learned counsel for the petitioner contended that out of three eyewitnesses, two witnesses, namely, Babu and Nazir have not supported the prosecution case; hence the case against the petitioner is one of further inquiry and he is entitled to bail.
Learned counsel further submitted that the petitioner refused to marry the daughter of the prosecutrix and in order to avenge that insult, she has involved the petitioner in this case falsely.
The I.O. Has not taken into possession the Shalwar of the prosecutrix which according to the F.I.R, was stained with semen and that makes the prosecution case further doubtful.
4. Learned counsel for the State assisted by the police officer submitted that the petitioner was arrested at the spot and the prosecutrix has fully supported the prosecution case and similar is the case of Jamal, who has also supported the prosecution case during the investigation which was conducted up to the level of the D.S.P. wherein the petitioner was found involved in the case hence the case against the petitioner falls within the prohibitory clause and he is not entitled to the grant of bail.
5. After hearing the learned counsel for the parties and perusing the record, I find that in the presence of the material so far collected by the police, Prima facie, the case against the petitioner falls within the prohibitory clause. No case for bail is made out. The petition is accordingly dismissed.
As the challan has been submitted, therefore, the trial Court is directed to decide this case as early as possible.