1. ' Applicant Saima has been booked in F.I.R. No,115 of 2001 of Police Station Sharafi Goth Malir for an offence under sections 13/14 of Zina (Enforcement of Hudood) Ordinance, 1979.
2. ' Sub-Inspector Muhammad Jaseem Abbasi lodged first information report on 9-6-2001, stating therein that on the said date one Ali Sher informed him that prostitution den is set up in Gulistan Colony, where girls were being sold for sexual use. The complainant alongwith lady constable Mumtaz Begum, Ali Sher, Sommar and A.S.-I Muhammad Arshad proceeded to said place. The complainant entrusted currency note of Rs,500 denomination to said Ali Sher and deputed him to bring the girl after handing over the money to concerned person, who used to manage the den.
3. After some time, Ali Sher brought a girl namely Saima from flat No,15 of second floor. On interrogation, she narrated that the prostitution den was being run by Mst. Tasleem w/o Wajid Ali.
4. She further disclosed that some persons were available inside the flat and the customers usually come to hire the girls. Thereafter, the complainant along with lady constable applicant Saima and fake customer Ali Sher reached the flat situated on second floor. The complainant and aforesaid witnesses found prostitute Amina available with her boy friend Arshad Ali in a room. On personal search the currency note of Rs,500 was recovered from the pocket of Mst. Tasleem which was taken in possession by the police. The accused were arrested and brought to Police Station where the F.I.R. Was recorded.
5. ' It is contended by the learned counsel for the accused that the provisions of sections 13/14 of Zina Ordinance have not been attracted in the instant case as none of. The accused has been found involved in immoral acts. The conversations in-between the fake customer and Mst. Tasleem have not been overheard by anybody. The alleged currency note has neither been signed by any Magistrate nor the alleged raid is witnessed by any authorized Judicial Officer. It is pleaded that the applicant is a woman and she is entitled for bail under proviso 1 of section 497, Cr.P.C. The applicant has been victimized by the complainant for ulterior motives. The medical report is negative and does not support the prosecution version.
6. ' Mr. Fazlur Rehman Awan learned counsel appearing for the State has conceded to the bail plea of applicant.
7. ' The perusal of F.I.R. Does not indicate that the complainant and prosecution witnesses had noticed any sign of sexual celebrity at the flat. Nothing incriminating had been discovered which could indicate that the persons allegedly available at the said venue were involved in sexual intercourse. Mere presence, even if admitted, would not constitute an offence of Zina. The recovery of currency note allegedly signed by complainant is yet to be proved by the prosecution. It is not disclosed in the F.I.R. That anybody overheard the conversations between Mst. Tasleem and the fake customer. The tainted money is allegedly handed over to a private person and not public servant, so that, the presumption could be raised against her.. The involvement of applicant in Zina Ordinance is yet to be proved by the prosecution. The learned counsel appearing for the State has stated his no objection to the grant of bail. At present there appear no reasonable grounds to believe that the applicant was involved in an offence falling under prohibitory clause of section 497 (1), Cr.P.C. The case of applicant requires further enquiry as contemplated by section 497 (2), Cr.P.C.
8. She was granted bail by a short order, dated 9-7-2001. These are the reasons for the same.'