' Ahmed alias Lota being accused in case F.I.R. No, 122, dated 18-6-1994 under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered with Police Station Massan, District Jhang seeks post-arrest bail.
2. According to F.I.R. The petitioner committed Zina-bil-Jabr with Mst. Mumtaz Bibi, the alleged victim.
2. In support of the petition it was argued that there is unexplained delay of four days in lodging the F.I.R. When the police station is only at a distance of 7 miles from the place of occurrence. Learned counsel contended that the medical evidence does not support the prosecution version as according to Medico-Legal Report, the alleged victim has been declared to be habitual of intercourse. It was next argued that the petitioner is behind the bar for the last more than 7 months and as such no useful purpose will be served by keeping the petitioner in jail for an indefinite period.
3. Request of the petitioner was vehemently opposed by the learned counsel for the State. He contended that challan has been submitted in Court and the trial will conclude in near future.
According to him there is thus no ground to release the petitioner on bail.
4. I have heard learned counsel for the parties at length and have gone through the police file with care.
5. The petitioner being accused of heinous offence has been found guilty by the Investigating Agency and accordingly challan has been submitted in the Court. Three co-accused of the petitioner are at large and have been declared proclaimed offenders. Learned counsel for the petitioner was unable to point out any enmity to falsely implicate the petitioner. It may also be observed that no reasonable or even a person of lowly status in our society would coin up the story involving the family honour. In these circumstances, I am, therefore, not inclined to exercise my discretion in favour of the petitioner. The petition is accordingly rejected.