' A case under section 10 of the. Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the petitioner vide F.I.R. No,199, dated 18-5-1998 at Police Station Shorkot City, District Jhang.
2. The petitioner was surprised while he was committing Zina-bil-Jabr with sister of the complainant namely Mst. Imtiaz Bibi on the night between 16th and 17th of May, 1998 at about 4-00 a.m. When she had gone out to ease herself. The complainant on seeing the occurrence picked up a hatchet and started inflicting injuries to the pari delicto which resulted into multiple injuries on the person of the petitioner and also to Mst. Imtiaz Bibi aforesaid who later on succumbed to the injuries.
3. It is contended by learned counsel for the petitioner that there is a cross- version in respect of the same occurrence as a case under section 324/337A(vi)/337-F(v)/148/149, P.P.C. Was registered against the complainant side vide F.I.R. No,203, dated 24-5-1998 as the complainant with his four accomplices committed murderous assault upon the petitioner after calling him from the house. It was, therefore, alleged that it was a case of further enquiry.
4. Learned counsel appearing for the State opposed the bail on the ground that cross-version has been found false during the investigation and that the petitioner has been found guilty of committing Zina-bil-Jabr with the deceased Mst. Imtiaz Bibi after she had come out from her house to ease herself in the early morning during the unfortunate night. It was, therefore, submitted that the petitioner having been named in the F.I.R. And that the co-accused of the petitioner namely Mst. Imtiaz Bibi (since dead) were surprised by the complainant who under grave and sudden provocation allegedly committed the occurrence would not provide any justification for granting bail to the petitioner at this stage.
5. Without entering into the deeper appreciation of merits of the case, it is enough to say that the petitioner was found in compromising condition with Mst. Imtiaz Bibi i,e, sister of the complainant who picked up a hatchet and caused injuries to bolt of them and particularly when the cross- version has been found meritless in the Police investigation, the petitioner has no case for bail at this stage. The petition is accordingly dismissed.