' The petitioner has applied for post-arrest bail in a case registered against him vide F.I.R.
No,235/94, dated 10-10-1994 under section 10/18 of the Offence of Zina (Enforcement of Hudood)
Ordinance VII of 1979 at Police Station Kot Adu, District Muzaffargarh.
2. Briefly stating the allegations levelled against the petitioner are that petitioner alongwith his cousin Riaz son of Majeed went to a watercourse near the Behni of Bashir son of Abdur Rehman, caste Kamboh where complainant Mst. Suryia and reportedly her virgin sister-in-law Mst. Amna Bibi were washing the clothes where petitioner allegedly caught hold of Mst. Suryia complainant and Riaz caught hold of Mst. Amna Bibi and threw them on the ground, forcibly opened their Shalwar's string and tried to commit Zina-bilJabr who raised alarm upon which Bashir Ahmad, Ghulam Rasul were attracted to the place of occurrence but both the ladies without their Shalwars went to the house of Bashir Khan Chandia and on the second day of the occurrence the case was reported.
3. It is submitted by the learned counsel for the petitioner that petitioner is innocent; that he has been involved in a false case due to previous enmity; that the story narrated in the F.I.R. Of leaving their Shalwars at the spot which remained there till next day makes the prosecution case unbelievable; that there is delay of 12 hours in lodging the F.I.R. Which further makes the case doubtful; that the complainant is proved to be liar since she stated that Mst. Amna her sister-in- law is a virgin whereas she was married two years before the said occurrence and even she was living with her husband 10 miles from the spot. Photostat Nikahnama is also available on the file; that even otherwise the facts narrated in the F.I.R. At the most makes a case of 354, P.P.C. Which is bailable and requests for the grant of bail to the petitioner. The contentions raised are opposed by the learned State Counsel.
4. I have heard the arguments and gone through the file. On plain reading of the F.I.R. The offence maximum comes in the purview of section 354, P.P.C. Which does not fall in the prohibitory clause and is bailable. This being the position the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu.
' The observations made in the above order shall not affect the merits of the case.