' Crime Case No,68, dated 2-6-1996 stands registered at Police Station Kot Nainan, District Narowal under Article 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at the instance of Mst. Razia Bibi who alleged that on 31-5-1996 at 4-00 p.m./Degar Wela while she was all alone in her house Ghulam Farid petitioner-accused trespassed her house and started to touch her breasts and to catch hold of the string of her Shalwar. She raised the hue and cry which attracted Tharoo and Muhammad Sharif. On the arrival of the P.Ws. Ghulam Farid, petitioner-accused is stated to have made good his escape. His bail plea has been rejected by the lower Courts. Hence this petition with the same desire.
2. I have heard the learned counsel for the parties and gone through the record before me. No doubt there is allegation in the F.I.R. That the petitioner dragged the complainant to take her to a room but there is no allegation that he put off his loin cloth and also succeeded in removing the Shalwar of the complainant. The petitioner did not act in a manner which could project that he practically attempted to commit Zina by force with the complainant. Keeping in view this aspect of the matter the attraction of section 10(3)/18 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 about attempt to commit Zinabil-Jabr, in the instant matter, is a question of further inquiry.
3. I, therefore, accept this application and admit Ghulam Farid petitioner- accused to bail in the sum of Rs,25,000 with one surety in the like amount to the satisfaction of the trial Court with the direction to appear before the trial Court on every date of hearing failing which his bail may be cancelled by the trial Court.
4. Copy Dasti subject to payment of usual charges.