' Ghafoor Ahmad and his son Shahid Ghafoor, resident of Chak No 160/RB, District Faisalabad within the area of Police Station Chak Jhumra and Zamindar by profession, had gone to the field to water the land on the previous night to 9-11-1997. After irrigating the land Shahid Ghafoor arrived in the house earlier to his father Ghafoor Ahmad. Shahid Ghafoor is said to have seen Abaid Ullah petitioner-accused coming out of the room of his married sister Mst. Faiqa whose husband was undergoing the sentence in Central Jail Bahawalpur. Both Ghafoor Ahmad and Shahid Ghafoor admonished Mst. Faiqa to sever her relations with Abaid Ullah. All of them slept. At 2.30 a.m. The alarm attracted Ghafoor Ahmad who reached the room of Mst. Faiqa where his son Shahid Ghafoor was inflicting Toka blows upon her. Muhammad Anwar brother of Ghafoor Ahmed and Arshad Ali cousin of Ghafoor Ahmad also saw the occurrence. About the occurrence F.I.R. No,717, dated 9-11-1997 was registered at 8.20 a.m. Under section 302 of the Pakistan Penal Code and under Article 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at the instance of the aforesaid Ghafoor Ahmed.
2. Shahid Ghafoor Ahmed was arrested for the alleged commission of the murder of his sister Mst.
Faiqa under section 302 of the Pakistan Penal Code who is said to have been admitted to bail as the witnesses did not support the prosecution story before the learned Additional Sessions Judge.
3. Abaid Ullah has been arrested for the alleged commission of Zina by consent under Article 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. His bail plea has been rejected by the learned Additional Sessions Judge with the reasoning that the swabs obtained during the autopsy of Mst. Faiqa were sent to the Chemical Examiner and from there the positive report to the effect that the same are stained with semen has been received. Abaid Ullah petitioner has field this petition for his admission to bail.
4. I have heard the learned counsel for the parties as well as the learned State Counsel and gone through the record before me. The contentions of leaned counsel for Abaid Ullah petitioner are that nobody saw the said petitioner physically committing Zina by consent with Mst. Faiqa and that the only material of positive report of Chemical Examiner is not enough to connect him. According to him Shahid Ghafoor Ahmed has been admitted to bail and the legal benefit of this aspect of the matter can also be derived by Abadi Ullah petitioner. On the contrary learned counsel for the State and the learned counsel for the complainant laid the emphasis that the circumstances that Mst.
Faiqa was carrying on with Abaid Ullah petitioner, that her husband was undergoing the sentence in Central Jail Bahawalpur, that Abaid Ullah was seen leaving the room of Mst. Faiqa and the house of the complainant, thereafter her immediate murder, the taking into possession of the swabs during the Post-mortem Examination and the positive report of the Chemical Examiner that the vaginal swa bs were stained with semen are enough to prima facie connect Abaid Ullah petitioner- accused with the occurrence. My view is that the reasoning adopted by the learned State counsel as well as by the leaned counsel for the complainant has to prevail. The fact of the matter is that Ghafoor Ahmed complainant is none-else than the father of Mst. Faiqa. No, doubt Shahid Ghafoor is the accused of the case registered under section 302 of the Pakistan Penal Code, but he is also a witness with respect to the initial fact of departure of Abaid Ullah from the house of the complainant after coming out of the room wherein Mst. Faiqa was present and afterwards was killed. The fact that her husband is in Central Jail Bahawalpur at a considerable distance has also to steal the eminence to make out that no person except Abaid Ullah had the access in the room of Mst. Faiqa from which Ghafoor Ahmed complainant and his son Shahid Ghafoor saw him coming out and leaving the house. The immediate murder of Mst. Faiqa within a short span of period by her brother is also a corroborative piece of evidence to make out that the mind of the brother was brewing after seeing what has happened earlier. This natural conduct of Shahid Ghafoor cannot be ignored. Mst. Faiqa was immediately murdered. Her dead body was taken into possession. The inquest report was prepared. Her dead body was sent for out opsy. The Medical Officer took into possession the vaginal swa bs as the deceased was a lady and it was his legal duty. These vaginal swa bs have been found to be stained with semen. The circumstances projected in this order have made out the involvement of Abaid Ullah accued with the present occurrence of Zina by consent with Mst. Faiqa deceased. At this stage I am tempted to express that a person of the category of the Abaid Ullah who is responsible for bringing bad name to the family of Ghafoor Ahmad complainant in the aforesaid obnoxious manner is not entitled to the discretion of this Court for the purpose of his admission to bail. He is, prima facie, responsible for the murder of one female as rightly pointed out by the learned counsel for the complainant.
5. Finding no force in this petition, I dismiss the same.