NAEEM HASHIM KHAN, J.- This is a post arrest bail filed by the petitioner in a case registered against him vide FIR No: 45/94 dated 283.1994 under section 10 of the Offence of Zina (Enforcement of Hadood) Ordinance, VII of 1979 at Police Station Bombanwala Tehsil Daska District Sialkot.
2. The petitioner earlier applied post-arrest bail before Additional Sessions Judge, Daska which was dismissed on 9.6.94.
3. The brief facts of the case are that Mst. Asia was subjected to rape by the petitioner alongwith Muhammad Yasin continuously for 9 months prior to the registration of the case and ultimately she became pregnant and reported the case to the Police Station.
4. It is submitted by the petitioner that he is innocent and has been involved due to political pressure and with ulterior motive. It is further submitted that Mst. Asia in FIR complained against two persons namely, Ijaz Ahmad and Muhammad Yasin but later on in her supplementary statement she implicated several other persons. Learned counsel for the petitioner further argued that there is 9 months unexplained delay in lodging the FIR and Mst Asia is a woman of easy virtue.
There is no eye-witness in this particular case.
5. Learned counsel for the State has opposed the application for postarrest bail and submitted that the case against the petitioner has been proved during investigation and allegation of rape stood proved from the medico legal report. Moreover, the case falls within the prohibitory clause.
6. I have gone through the file. There is admittedly 9 months delay in lodging the FIR. She is continuously living in the house of her father. Mst Asia implicated in the FIR Muhammad Yasin alongwith the petitioner who was subsequently found innocent by the investigating officer.
Moreover, there is no allegation of abduction levelled against the petitioner in this FIR which makes the case doubtful and that of further enquiry. This being the position the petitioner is admitted to bail in the sum of Rs.1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of AC/Duty Magistrate Daska.
7. The observations made in the above order will not affect the merits of the case.