1. ' This application under section 498, Cr.P.C. On behalf of the accused for her release on bail has been moved in connection with the case registered against her with the Police Station Bijli Road, Quetta under Crime Case No,85 of 1997, dated 1-10-1995 under section 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. ' It may be noted that alongwith the applicant Mst. Razia accused Sakhawat Hussain, has also been arrested and detained in connection with the abovenoted crime, who has separately moved Bail Application No,372 of 1997 and both the applications came up for hearing before this Court simultaneously. The bail plea of both the applicants has been rejected by the learned Sessions Judge-IV, Quetta vide order dated .27-10-1997 passed in Bail Applications Nos.304 of 1997 and 305 of 1997.
3. ' The stated facts of the case as disclosed by the complainant Malik Sher Afzal Awan 1.P./C.I.A. Circle City Quetta in the report registered on the Murasila transmitted by him to the police station, are to the effect that he received special spy information that accused Sakhawat supplies girls to people for Zina against consideration of money whereupon; the complainant approached the A.C./S.D.M.
4. Saddar Quetta and told to him the facts in this behalf; who handed over to the complainant two currency notes of Rs,1,000 denomination each by putting his A.C./S.D.M. Initials on the notes whereupon; the complainant handed over the initialled notes to the decoy customer who contacted the accused Sakhawat in the manner he was told by the spy and the accused after satisfying himself about the dummy customer asked about the registration number of his vehicle which was told to the accused by such customer and the accused told to him (the dummy customer) to be present at 8-30 p.m. At Pishin Bus Stop near to the marriage hall and that it was settled with the accused that he would provide girl for Zina to the stated customer on receiving Rs,2,000 as consideration of the transaction.
5. ' According to the complainant case of prosecution for before the appointed time D.S.P./C.I.A. City, D.S.P./C.I.A. Sariab, the complainant alongwith a lady constable in civil dress, in the supervision of A.C./S.D.M. Saddar kept the secret vigilance of the pointed/settled site and at 8-30 p.m. The special spy accompanying them, by pointing out that the person who alongwith the girl has alighted from the Rickshaw stopped in front of them, is the Sakhawat, to whom the dummy customer met with and the said notes were handed over to Sakhawat accused by the said customer who accordingly provided to him the girl. According to the case of the prosecution, as soon as this transaction was matured, the A.C./S.D.M., the C.I.A. Staff including the complainant cordoned off the accused Sakhawat and the girl and from the personal search of the accused Sakhawat two initialed notes of Rs,1.000 denomination each, duly identified by the A.C./S.D.M., were recovered which were taken into possession vide recovery memo.
6. ' It has been alleged in the report that the accused Sakhawat admitted before the raiding Magistrate at the spot that against consideration of money he used to supply girls for Zina to people and similarly the accused, Mst.' Razia also admitted her guilt before the said Magistrate at the spot that every year she comes from Punjab to Quetta and stays with accused Sakhawat and by mutual consent she is used to be supplied to people for committing Zina and they both equally distribute the amount they obtain/receive for such purpose. On such allegations both the accused have been booked for the commission of offence under section 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1978.
7. ' I have heard the learned counsel for the applicant and the learned Advocate-General, who on Court notice, besides the learned counsel Mr. Sultan Mehmood, Advocate appeared. The complainant I.P./C.I.A. And the Investigation Officer of the crime were also called on to attend the Court. The record/papers of the investigation of the case were also perused.
8. ' The learned Advocate-General was asked to satisfy the Court about the incriminating evidence if any is available on the record of the case in respect of the involvement of the accused for commission of the offence, to which they are charged. The learned Advocate-General on the basis of available record conceded that except the recovery of marked notes from the possession of the accused Sakhawat there is no such evidence.
9. The complainant i,e, I.P./C.I.A. On being enquired by this Court stated that the accused are involved and indulge frequently in such activities but they are so clever and intelligent that despite best efforts; police remain unsuccessful to apprehend them red handed and so was the explanation offered by the Investigating Officer. Apart from the merits of the case this leads me to the conclusion that the accused have been deliberately prompted to commit the proposed illegal act; which is not so permissible in law and is an actionable wrong, inasmuch as; an act punishable under law. No police officer, authority or any Governmental Agency is licensed to induce, activate, promote, accelerate, aid or assist in any manner or by any means or to act in any manner directly or indirectly which may consequently result or cause to result into commission of any offence; conversely, it is the legal duty of the agencies responsible for enforcing law and maintaining law and order, to check, control and extinguish crime and to take all necessary measures to curtail, apprehend and arrest recurring of any offence.
10. ' Adverting on merits of the case, the stated dummy customers is the only substantial link and basis of the prosecution case in respect of the so-called transaction; who has not been examined, the recovery of marked notes from the possession of the accused Sakhawat or arrival of the both the accused on Rickshaw at the given site would not create or be a reasonable ground available with the prosecution to hold that prima facie case for commission of the alleged offence stands made out against the accused.
11. ' In view of above legal and factual position, the instant bail application and the connected Bail Application No,372 of 1997 were allowed by my short order dated 18-11-1997 and both the accused were accordingly admitted to bail; and the above are the reasons for such order.