' Petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No,187/93, dated 18-12-1993 under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979 at Police Station, Kot Mithan, District Rajanpur.
2. Brief facts of the case arising out of F.I.R. Are that on 18-12-1993 Mst. Zenab wife of Muhammad Ramzan, complainant, reported at Police Station Kot Mithan that on 15-12-1993 at about Peshiwela she was proceeding to the house of her parents from the house of her husband and when she reached in the cotton field of Mian Khalid Arian, Manzoor Ahmad petitioner who was concealing himself in the cotton field came out and threw her on the ground and started committing Zina with her. Khadim Hussain, her brother and Yousaf son of Rabnawaz came there on hearing the alarm and the accused ran away on seeing them. Khadim Hussain followed the petitioner but could not apprehend him. Khadim Hussain brought her to his house. The relatives of the petitioner had been making requests to the complainant party for not lodging any report but they did not agree and lodged the F.I.R.
3. It is submitted by the learned counsel for the petitioner that the case against the petitioner is absolutely false; that the occurrence allegedly took place on 15-12-1993 and the matter was reported to the police on 18-12-1993. Casual explanation of delay has been made that the accused party had been requesting the complainant party for not lodging any report but they did not accede to their request; that Mst. Zenab complainant is aged about 20/21 years and is a married lady; that the petitioner has been involved in this case due to enmity. Khadim Hussain P.W. Is the real brother of Mst. Zenab while Yousaf P.W. Is a cousin of her husband Ramzan; that Abdul Malik, brother of the husband of Mst. Zenab had got registered a case of theft of his licensed gun against Ghulam Farid brother of the petitioner and Rabnawaz father of the petitioner. This case was cancelled; that the police had prosecuted Ramzan husband of Mst. Zenab complainant and Khadim Hussain P.W. Brother of the complainant on one side and Ghulam Farid brother of the petitioner and Rabnawaz father of the petitioner on the other side under section 107/151, Cr.P.C. And requests for grant of bail.
4. The contentions raised by the learned counsel for the petitioner are opposed by the learned State counsel.
5. I have heard the arguments and gone through file. There is a delay of 3 days in lodging of F.I.R.
Previous enmity and false registration of criminal cases against the petitioner and his family members is also established, prior to this alleged occurrence. The possibility of false involvement cannot be ruled out. This makes the case doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Rajanpur.
6. Observations made in this order shall not affect the merits of the case.