Tahir Abbas alias Babar A.I son of Muhammad Khan seeks bail in a case registered vide F.I.R. No. 1- 53 with Police Station Mochiwala, District Jhang under sections 10 and-18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979.
2. Allegation contained in the First Information Report authored by Mst. Sllan Bibi is that her daughter Asiya Batool aged 12 years on the fateful evening was coming to her house after making purchases when she was way--laid by the petitioner, who pushed her into wheat crop where her shalwar was removed by breaking her string in order to commit sexual intercourse with her against her wish. On her hue and cry the witnesses arrived and she was saved from being dishonoured.
3.Post-arrest bail was declined by the Additional Sessions Judge, Jhang on 31-5-2000.
4. Learned counsel for the petitioner has vehemently contended that the overt act even if believed does not amount to attempt to commit rape. It is stated that the petitioner is behind the bars since 20-4-2000 and as such is entitled to bail by granting discretion in his favour. On the other hand learned counsel for the State has opposed the allowance of bail.
5. I have considered the arguments and have also gone through the record.
6. Breaking of the string of shalwar and removing it is yet to be determined by the Court whether it amounts to attempt to commit rape or the offence falls for outraging the modesty of the girl punishable under section 354, P.P.C. The petitioner is behind the bars since 20-4-2000 and it is stated by the learned counsel that there is long-standing rivalry between both the parties. In these circumstances I am inclined to exercise my discretion in favour of the petitioner as he has successfully demonstrated that there are reasonable grounds to believe that he has not committed a non-bailable offence yet there may be further grounds to inquire into his guilt.
7. Concomitantly, the application is accepted, provided the petitioner furnishes security in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the Trial Judge.
H.B.T./T-39/L