' Inayat Ullah husband of Mst. Majidan complainant and father of Mst. Shumaila Kausar aged 9 years was ailing who was being treated by Qazi Ashiq Hussain petitioner-accused. On 24-5-1995 Qazi Ashiq Hussain went to the house of Inayat Ullah and administered medicines to him. He took aforesaid Mst. Shumaila Kausar along with him to his house to hand over the remaining medicines to her. After some time Mst. Shumaila Kausar arrived back to her house while she was weeping who intimated her mother that Qazi Ashiq Hussain petitioner-accused attempted to commit Zina-bil- Jabr with her. Qazi Ashiq Hussain petitioner-accused was called who is said to have made the confession before Inayat Ullah, Shah Muhammad and Khuda Bakhsh P.Ws and begged pardon for the mistake. F.I.R. No, 162/95 dated 24-5-1995 stands registered at Police Station Liaqatpur District Rahim Yar Khan under Articles 10(3)/18 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. The bail plea of this petitioner has been rejected by the Additional Sessions Judge, Liaqatpur District Rahim Yar .Khan on the ground that the case brought by the prosecution against the petitioner-accused falls within the prohibitory clause. The petitioner has filed this petition before this Court to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the record before me. The learned counsel for the petitioner has rightly canvassed that on the mere alleged extrajudicial confession of Qazi Ashiq Hussain petitioner-accused before the aforesaid P.Ws. The rejection of bail petition of this petitioner is devoid of judicial considerations.
There is no eye witness of the occurrence. There is nothing on record to establish that the Shalwar of Mst. Shumaila Kausar was removed and that some practical action was performed by Qazi Ashiq Hussain petitioner-accused so as to bring the case of the prosecution against the petitioner- accused within the purview of Articles 10(3)/18 of the Offence of Zina (Enforcement of Hudood)
Ordinance VII of 1979. In this view of the matter it can safely be held that the involvement of Qazi Ashiq Hussain petitioner is question of further inquiry. The trial Court has not been able to dispose of the controversy in its true perspective. The sentence of offence is not enough for dismissal of the bail application as all aspects mentioned under Section 497 Cr.P.C. Have to be considered, dissected and analysed while disposing of such a bail application. Hence I express my inability to agree with the learned State counsel who canvassed that it is not a fit case for the admission of the petitioner to bail.
3. Considering it to be a fit case I accept this application and admit Qazi Ashiq Hussain petitioner to bail in the sum of Rs,15,000 (Rupees Fifteen Thousand only) with one surety in the like amount to the satisfaction of the Additional Sessions Judge, Liaqatpur District Rahimyarkhan.