' 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 sections 10 and 18 of Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 at Police Station Kot Addu District Muzaffargarh.
2. Brief facts of the case arising out of F.I.R. Are that on 9-10-1994 complainant Mst. Surriya and Mst.
Amina, sister of her husband went to the watercourse for washing clothes. Petitioner Riaz and his co-accused Niaz allegedly reached there having Sotas in their hands. After reaching the spot, co- accused Niaz caught hold of complainant Mst. Surriya. She was thrown on the ground by him. Co- accused Niaz started opening "Azarband" of her Shalwar. Riaz petitioner caught hold of Mst. Amina.
He too tried to open the Azarband of her Shalwar. The cries of the victims attracted the P.Ws. On seeing them the petitioner and co-accused made good their escape.
3. It is submitted by the learned counsel for the petitioner that there is a delay of one day in lodging the F.I.R. For which no plausible explanation has been given that according to F.I.R. There is no evidence of Zina and the face value of the F.I.R.. Section 18 is not applicable that at the best case of the prosecution falls under the provisions of section 354, P.P.C., the same is not hit by the prohibitory clause; that co-accused Niaz is on bail and the petitioner is entitled to bail on the basis of principle of consistency and requests for grant of bail.
4. The contentions are opposed by the learned State counsel.
5. I have heard the arguments and gone through the file. On plain reading of F.I.R., the maximum offence comes within the purview of section 354, P.P.C. Which is bailable. Moreover, co-accused Niaz is on bail. Petitioner is also entitled to the grant of bail on the principle of consistency. This oeing the position, the petitioner is admitted to bail 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.
6. Observations made in this order shall not affect the merits of the case.