' Muhammad Boota petitioner aged about 18 years and Ramzan petitioner aged about 27 years were arrested on the 27th of October, 1998, in pursuance of a case registered against them and 3 others, vide First Information Report No,211, dated the 23rd of July, 1998, under section 338-A, P.P.C.
To which section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance of 1979 was added later on, at Police Station Athara Hazari, District Jhang, regarding an occurrence which allegedly took place on an unknown date and time, in the area of village Wasaw, which is about 8 kilometers from Police Station Athara Hazari, where the first information report was lodged by Mst. Rani complainant.
2. The allegation against the petitioners is that they committed sexual intercourse with Mst. Rani and when she became pregnant they caused Isqati-Haml with the help of Mst. Sakina and Mst.
Bhoori.
3. There is an indefinite delay in lodging the first information which per se casts a doubt on truthfulness of the prosecution case, both the petitioners have been found "innocent" by the Deputy Superintendent of Police Saddar, Jhang on the 20th of November, 1998 and a discharge report was prepared which was turned down by the learned Magistrate, therefore, reasonable grounds to believe that the petitioners are guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. However, the case against the petitioners may be a matter of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles them to the grant of bail.
4. Resultantly, the petitioners are granted bail provided they furnish bail bonds in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of the trial Court.