The petitioners seek bail in a case F.I.R. No. 154 of 1994 dated 25-5-1994 registered under sections 1.0, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at P.S. Makhdoom Rashid, District Multan.
2. The prosecution case in brief is that the petitioners committed Zina with Mst. Kalsoom alias Razia inside the house in the presence of the complainant, Muhammad Ramzan, and other witnesses.
They were apprehended on the spot. Mst. Kalsoom alias Razia told the witnesses that she was sent for by Allah Ditta, petitioner No.3, for the purpose of Zina.
3. I have heard learned counsel for the parties and perused the record carefully.
4. The allegation that all the petitioners committed Zina with Mst. Kalsoom alias Razia turn by turn when the witnesses were present outside the house whose doors were also open appears to be absurd. The mere fact that an I 'amount of Rs.500 was recovered from the possession of Mst.
Kalsoom alias Razia did not necessarily mean that she was sent for by Allah Ditta, petitioner No.3, for the purpose of Zina. The facts narrated in the F.I.R. Do not constitute an offence under section 14 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. Therefore, further inquiry is needed into the guilt of the petitioners.
It may be observed that the learned trial Court while deciding the matter shall not be influenced by the observations made in this order.