Fayyaz Ahmed alias Faji, petitioner, being accused in case F.I.R. No.223/95 dated 27-6-1995 registered with P. S. Malakwal under section 10 of Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, has filed this petition under section 497, Cr.P.C. 'for the grant of post arrest bail.
2. The allegation against the petitioner is that he committed Zina with Mst. Asmat Bibi daughter of the complainant.
3. In support of the petition, learned counsel contended that the investigation was conducted by the two senior police officers and that co---accused, namely, Imtiaz Ahmad was found to be innocent. Further contended that the victim was also treated as an accused and was willing party and that there is no evidence to connect the petitioner with the commission of offence, hence is entitled to the concession of bail.
4. Learned counsel for the complainant has vehemently opposed the bail application and contended that the victim Mst. Asmat Bibi has been made accused due to the pressure from the side of the petitioner and that she being minor was not a consenting party.
5. I have heard the arguments advanced by the learned counsel for the parties and have gone through the record with their able assistance. The contentions raised by the learned counsel for the petitioner are 'without force. I am of the considered opinion that the girl has been made accused due to the pressure from the side of the petitioner as the complainant belongs to a poor family. It is also made clear that nobody in our society would coin up the story involving the family honour. In the circumstances of the case, I am not inclined to interfere with the discretionary orders passed by the learned Sessions Judge. Dismissed.