1. ORDER S AEED-UR-REHMAN FARRUKH, J. - The petitioner alongwith others is involved in a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) on the allegation that he alongwith his co- accused, committed rape upon Mst. Saima on 20-4-1996. Having failed to secure bail before the learned Addl. Sessions Judge, he has approached this Court for relief.
2. It is contended by the learned counsel for the petitioner that there is unexplained delay of more than two days in lodging of the F.I.R, and the story of the enticement is concocted and the same is improbable. It is also urged that the complainant being unaware of the names of the accused, there was no occasion for her to mention the same in the F.I.R. It is lastly urged that the petitioner is behind the bars for the last about nine months and the trial of the case has not yet started.
2. Prima facie there appears to be force in the contentions of the learned counsel for the petitioner.
3. Insofar as the matter of delay in the registration of the case is concerned, the explanation offered is open to serious exception. There is nothing on the record to indicate as to how the complainant came to know the names of the petitioner and his co-accused, as they were quite strangers to her.
4. The fact that the petitioner has already suffered about nine months in the judicial lockup also cannot be lost sight of. It was necessary for the prosecution to take steps for expeditious disposal of the case but it has failed to do so.
5. For what has been stated above, this petition is accepted and the petitioner is admitted to bail on furnishing bail bond in the sum of Rs. 25,000/- (Rs. Twenty five thousand) with one surety in the like amount to the satisfaction of trial Court.