' Kazim Hussain petitioner through this petition seeks post-arrest bail after being arrested on 16-1- 1999 in case F.I.R. No,95 of 1997, under section 10 of the Offence of Zina (Enforcement of Hudood)
Ordinance No,VII of 1979, registered at Police Station, Haveli Koranga, District, Khanewal at the instance of one Allah Yar against the petitioner and three others, namely, Dr. Muhammad Rafiq, Mazhar and Zafar.
2. Occurrence of the alleged incident took place on 9-7-1997 in the area of village Haveli Dewan Singh, situated at a distance of about 4 k.Ms. From the police station concerned and the matter was reported to the police on 16-7-1997 at 4-35 p.m. By the complainant after a considerable delay of about seven days with no reasonable or acceptable explanation on his end.
3. A bird's eye view of the contents of the F.I.R. Reveals that all the accused have committed Zina- bil-Jabar with Mst. Abida Bibi firstly in the clinic by Dr. Muhammad Rafiq and his dispenser Mazhar, co-accused of the petitioner. Thereafter, she was taken to the house of the petitioner, where the petitioner and his co-accused Zafar committed forcible sexual assault upon her.
4. Learned counsel for the petitioner submits that the petitioner is behind the bars for the last about ten months and the challan has been submitted in the Court but end of inquiry or trial is not in sight. He further submits that Dr. Muhammad Rafiq and Mazhar, the principal offenders in this case, were given clean slate by the Investigating Officer during the course of investigation, which fact strikes at the very root of the case. They are on bail.
5. Zafar, co-accused, was allowed bail by the learned Additional Sessions Judge on 15-5-1999 on the ground that not only the prosecutrix, but also the complainant had entered appearance and attended the Court proceedings and further made statements testifying to the innocence of Zafar.
Now the fact remains that when the very basis of the prosecution story is proved to be false, how the accusations can hold water in the field against the petitioner. All the relevant facts and circumstances make the prosecution case extremely doubtful and the same needs further inquiry.
The contents of the medico-legal report also do not support the prosecution version in its entirety.
6. In these circumstances, I am inclined to allow bail to the petitioner. Accordingly, I direct that the petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs,25,000 with two sureties each in the like amount to the satisfaction of the Trial Court. The petitioner is directed to appear regularly during the trial proceedings.