' Petitioner Wasim seeks post-arrest bail in case F.I.R. No,261 of 1999, dated 12-6-1999 registered under section 10(2)/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Mumtazabad, Multan.
2. Brief facts of the case are that Mst. Gul Rukh Batool daughter of Abdul Rashid lodged aforesaid F.I.R., stating therein that she is student of 8th class in Mona Grammer Girls High School. Asim Ayaz co-accused used to teach tuition to her brother Awais Ahmad at her house. On 9-6-1999 she while going to her school when reached at More Mumtazabad Asim Ayaz and Wasim while riding on a motorcycle reached there. Asim Ayaz told her that her brother is calling her back to her house. She sat on the motorcycle alongwith them who took her to Fazal Model. On her inquiry about her brother Awais she was told that he is in a quarter situated ahead and they will take her to meet him. She went alongwith them in the quarter. Asim took dagger and threatened that if she makes any noise shall be killed. He took her forcibly in a room. Wasim petitioner bolted it from outside.
Asim Ayaz forcibly made her naked and committed Zina with her. She has been weeping on account of pain but he did not leave her. He committed Zina with her and asked Wasim to open the door whereafter Wasim disbolted the room. She asked them to leave her at her house. Wasim made her to sit on motorcycle. When they reached Chowk bypass she saw her grandfather Abdul Ghaffar and uncle Muhammad Athar to whom she called. Wasim threw her on the ground from the motorcycle and ran away. She informed her grandfather, and uncle. The accused have been pressing for compromise, therefore, matter was not reported to police immediately and ultimately on 12-6-1999 she submitted a written application whereupon the case was registered.
3. Learned counsel for the petitioner contends that the petitioner was born on 10-5-1982 according to the school leaving certificate. He was aged 17 years one month and two days on the day of occurrence. There is no allegation of Zina against the petitioner. Petitioner is in jail since 12-6-1999.
The challan has not been submitted in Court so far. Petitioner is entitled to the grant of bail under first proviso to section 497, Cr.P.C., being less than 18 years of age. He is attributed minor role in the occurrence, therefore, deserves to be released on bail.
4. Learned State counsel has opposed the grant of bail but conceded that according to the school leaving certificate the petitioner was born on 10-5-1982 so he was less than 18 years of age on the day of occurrence.
5. I have heard the learned counsel for the parties and perused the record. The main accused in the case is Asim Ayaz who committed Zina with the complainant. Petitioner only facilitated the commission of offence by accompanying co-accused on the motorcycle and the victim and further bolted the door from outside at the time of commission of Zina by Asim Ayaz co-accused.
Petitioner only facilitated the commission of Zina by co-accused and he himself has not committed Zina. His role is minor in the occurrence and he is less than 18 years of age, therefore, his case falls within the first proviso to section 497, Cr.P.C. Keeping in view the age and minor role of the petitioner in the occurrence he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the Trial Court.