' MUHAMMAD RAFIQ TARAR, J.---Ahsan Guftar petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 31-5-1994 whereby bail allowed to him by a learned Additional Sessions Judge was cancelled and he was ordered to be taken into custody.
2. The F.I.R. Version of the occurrence was that the petitioner had developed illicit relations with Mst.
Razia daughter of the complainant. On the night between 21/22nd December, 1993 she slipped away from her house upon which her father, brother and others went out in search for her. On information received from Muhammad Ashiq and others they went to the Haveli of the petitioner and found her lying in a compromising position with the petitioner on the same cot in a room of his house. On seeing the complainant and his companions the petitioner ran out of the room and escaped. Mupawwar, the brother of Mst. Razia, having lost his self-control killed her on the spot by inflicting hatchet blows.
3. The petitioner moved an application for bail which came up for hearing before a learned Additional Sessions Judge who after coming to the conclusion that the offence alleged against him did not fall under section 10/18 of Ordinance, 1979 but was covered under section 354 of the P.P.C.
Enlarged him on bail. The complainant moved an application for cancellation of his bail which was allowed on the ground that the detection of semen on the vaginal swabs indicated that Mst. Razia was subjected to Zina and "apparently there could be no other person excepting the accused- respondent from whose cattle-shed she was running out at odd hours of the night". Hence this petition.
4. Learned counsel for the petitioner contends that there was no allegation of Zina in the F.I.R., therefore, mere detection of semen on the vaginal swabs was not enough to link the petitioner with the commission of Zina and it is a case of further inquiry.
5. After considering the above submission in the light of material available on the record we do not find any substance in it. In the F.I.R. The complainant had stated that on reaching the house of the petitioner they saw him and his daughter Mst. Razia kissing each other while lying on the cot for the purpose of Zina. The detection of semen clearly indicates that she had sexual intercourse before she was killed. The learned Additional Sessions Judge took no notice of the report of the Chemical Examiner while allowing bail to the petitioner. In the circumstances no ground for interference with the impugned order is made out. The petition is dismissed