1. ' Applicant Shaman is facing,trial in the Court of Additional Sessions Judge (Hudood), Sukkur in Crime No.50 of 2000 for an offence under sections 10 and 16, Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The F.I.R. Of the incident was lodged on 14-9-2000 by A.S.-I. Gul Hassan of Police Station, Kandhra. The contents of F.I.R. Are reproduced as under in extenso:-- ' "Sir, on behalf of State complaint is that today I alongwith staff H.C. Mir Ahmed Soomro, P.C. Lutf Ali Lashari, P.C. Mukhtiar Aimed Phulpoto in uniform and being armed and lady constable Suraya, in Government vehicle driven by H.C. Shah Bux, vide Roznamcha entry, dated 14-9-2000 left the police station for patrolling the area. While patrolling the different areas, when at about 7-10 we reached near Link Road Shah Shakar Ganj, where we received spy information that a man and woman have been residing in the house of Shaman Shaikh for 6/7 days, who have come from Karachi. Shaman Shaikh and person came from Karachi commit Zina with a lady. On receipt of such information, I alongwith staff departed from there in Government vehicle and at about 7-35 hours reached at Arore near the house of Shaman Shaikh and saw that two men and woman came out from the house of Shaman Shaikh and were going. We police party instantly stopped the vehicle and apprehended both men and woman and enquired their names and addresses. On enquiry one man disclosed his name Muhammad Zahid son of Rana Badaruddin resident Quaid-e-Azam Colony, Gulshan-e-Iqbal, Karachi-3 and other person disclosed his name Shaman son of Sukhio Shaikh resident of Arore and lady disclosed her name Rozina daughter of Muhammad Taqi Malik resident of Quaid-e-Azam Colony, Gulshan-e-Iqbal-3, Karachi. On further enquiry, accused Muhammad Zahid and Mst. Rozina disclosed that they with their own sweet-will have come from Karachi and are residing in the house of Shaman Shaikh, where Shaman and Muhammad Zahid commit Zina with her, as there is no Nikah between them. Due to non-availability of private Mashirs, H.C. Mir Ahmed and P.C. Lutuf Ali were appointed as Mashirs and both men and lady were arrested and took their personal search. During search of accused Muhammad Zahid, we find one note of Rs.50 from front side pocket of his shirt and during search of accused Shaman found two notes of Rs.10 total Rs.20 and search of lady was taken by lady constable Mst. Suraya, but could not find anything except necessary dress. We instantly prepared Mashirnama and arrested all the accused and brought at police station, as accused Muhammad Zahid and Mst. Rozina came from Karachi and resided at the house of Shaman Shaikh and with common intention commit offence under sections 10/16, Offences of Zina (Enforcement of Hudood) Ordinance, 1979 and 54, P.P.C. And the case on behalf of State is registered against them."
2. ' After usual investigation of the crime, the case has been sent up in the Court Of law. The bail plea of the applicant accused was dismissed by the trial Court vide impugned order, dated 20-12-2000: The present bail application has been filed against the order passed by the learned trial Court. It is contended by the learned counsel for the applicant that Mst. Rozina is legally-wedded wife of co- accused Muhammad Zahid and Nikah was performed on 2-8-2000 and such Nikahnama was registered with the Nikah Registrar of Deh Ubhri of District Khairpur. The photostat copy of the said Nikahnama has been filed by the learned counsel for the applicant which is now Annexure "C". It is further contended that Mst. Rozina has been released on bail by the Additional Sessions Judge (Hudood), Sukkur on 20-12-2000 whereas the present applicant/accused has been involved falsely in this case as Mst. Rozina and co-accused Muhammad Zahid were the guests of the present applicant/accused and had stayed in his house. The present F.I.R. Has been lodged malafidely by the police with a view to drag them in the present false case. It is further contended that the applicant/accused was arrested on 14-9-2000 and the challan has been submitted on 28-9-2000.
3. The applicant/accused is rotting in jail on the false charges.
4. ' The learned counsel for the applicant has relied upon the case of Mst. Robina Shamim v. The State 1986 PCr.LJ 1588, Muhammad Zahid and another v. The State 1993 PCr.LJ 963 and Mst. Yasmeen and another v. The State 1993 PCr.LJ 2371.
5. ' Mr. Mumtaz Ali Siddiqui, learned State Counsel has not opposed the bail prayer and submitted that there is Nikahnama between Mst. Rozina and co-accused Muhammad Zahid and it is yet to be determined whether the said Nikahnama is valid or not. From the contents of F.I.R. It is evident that there is no eye-witness in respect of the allegations levelled in the F.I.R. There is Nikahnama of Mst.
6. Rozina with co-accused Muhammad Zahid and it will be determined by the trial Court about the genuineness of the said Nikahnama. Mst. Rozina has already been granted bail by the trial Court.
7. There is no direct evidence of Zina against the present applicant/accused and the present applicant/accused has been involved on the basis of statement of co-accused as there is no evidence of committing Zina against the present applicant/accused. In view of these circumstances and grounds urged by the learned counsel for the applicant/accused and the no objection extended by the learned State Counsel, I am of the view that this is a case of further enquiry as envisaged under section 497(2), Cr.P.C.
8. ' For the facts and reasons stated above, I admit the applicant to bail in the sum of Rs. One lac and P.R. Bond in the like amount to the satisfaction of the trial Court.
9. ' Bail application stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.