' Mst. Khurshid Bibi (60 years) and Amanat Ali (75 years) being accused in case F.I.R. No,502, dated 4-9-1994 under section 10 of Ordinance VII of 1979 registered with Police Station, Ferozewala, District Sheikhupura seek their post-arrest bail.
2. According to F.I.R., both the petitioners were found lying naked and committing Zina.
3. It was argued by learned counsel for the petitioners that the petitioners being old and infirm are entitled to the concession of bail according to proviso to section 497, Cr.P.C.; delay in lodging the F.I.R. After a period of four days without any plausible explanation itself makes the prosecution story doubtful; registration of the F.I.R. Is a counterblast to the case already got registered by brother of petitioner No,2 for the abduction of her daughter in which Mst. Surriya is also an accused and that the prosecution story is totally false.
4. The request of the petitioners was opposed by learned counsel for the State by arguing that detection of semen when Khurshid Bibi is a widow lady proves the case beyond any shadow of doubt. He next contended that as the challan has been submitted, the petitioners are not entitled to the concession of bail.
5. I have heard learned counsel for the parties at length and have perused the record with their able assistance. The factum of both the petitioners being of old age and infirm was conceded by learned counsel for the State accompanied by the police official. I have also perused the contents of F.I.R. No,485, dated 28-8-1994 registered with Police Station Ferozewala. The complainant in the said F.I.R. Is none else than the real brother of present petitioner, Amanat Ali. The F.I.R. Was got registered under section 11 of Ordinance VII of 1979 for the abduction of daughter of Muhammad Hanif in which Mst. Surriya wife of Abdul Shakoor (eye-witness in case F.I.R. No,502/94) is also an accused. It has been conceded by the police official that none of the accused in case F.I.R. No,485 was neither arrested nor allowed bail by any Court of competent jurisdiction. It prima facie appears that F.I.R. No,502 is a counterblast to F.I.R. No,485 got registered for the abduction of real niece of Amanat Ali, petitioner No,2.
' I have also gone through the statement of Mst. Khurshid Bibi recorded under section 164, Cr.P.C.
She has her own story to tell. According to her statement she was raped by Niamat etc. On her report to the local police, the police pressurised her brother Amanat Ali to compromise and also demanded Rs,5,000 as illegal gratification on refusal the actual culprits were left off and the petitioners were involved.
Keeping in view the age factor of both the petitioners coupled with the fact that the registration of the F.I.R. Prima facie is a counterblast to the earlier F.I.R. Got registered by real brother of Amanat Ali, petitioner No,2 in which Mst. Surriya Bibi, an eye-witness is also an accused, I am of the view it is a fit case for the grant of bail. I accordingly admit both the petitioners to bail subject to their executing bail bond in the sum of Rs,25,000 with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Ferozewala.
' A copy of this order alongwith copy of F.I.R. No,485 of Police Station Ferozewala and statement of Mst. Khurshid Bibi recorded under section 164, Cr.P.C. Be forwarded to the D.I.-G., Lahore Division who shall hold an inquiry in the matter and submit a detailed report regarding the actions that he has taken against the delinquent Police Officers/officials under his own signature to this Court within three weeks. It may be observed for the benefit of the D.I.-G that how the petitioners have been involved in such a heinous offence and their honour and liberty has been put to peril. The insult which a family suffers in such a case of heinous nature when involved falsely cannot be imagined. I am presently exercising judicial restraint and putting the matter for the D.I.-G. To probe.
' The bail petition stands disposed of. The report of the D.I.-G. Shall be placed before me as soon as the same is received.