1. ' By this order, I intend to dispose of Criminal Bail Application No,63 of 2002 filed on behalf of six applicants namely Aftab, Altaf Hussain, Inayatullah, Mst. Wazeeran, Mst. Reshman and Mst. Najma in a case bearing Crime F.I.R. No,150 of 2001 of Police Station Dari for offences under section 13, Zina (Enforcement of Hudood) Ordinance, 1979. The bail plea of the applicants was declined by the learned Vth Additional Sessions Judge, Larkana, vide order, dated 26-1-2002.
2. ' The prosecution story as enunciated in the F.I.R. Is that on 22-12-2001 at 3-00 p.m. Complainant, A.S.-I. Rashid Ali Abbasi of Police Station Dui; Larkana set the law into motion by filing an F.I.R. At Dari Police Station, which was incorporated in a book under section 154, Cr.P.C. Vide Crime No,150 of 2001 alleging inter alia that on the eventful day i,e, 22-12-2001 as the complainant alongwith others were sitting at police station when he received spy information to the extent that (1) Aftab Ahmed, (2)
3. Altaf Hussain and (3) Inayatullah, Bozdar by Caste, resident of Muhalla New Karma Bagh, Larkana were present alongwith three ladies namely Mst. Najma wife of Wali Khan Junejo, Mst. Wazeeran wife of Inayatullah Bozdar and Mst. Reshman wife of Azhar Ali Rind as they have opened a private den in their house and had converted the same into a brothel. On receipt of such information, the complainant alongwith his subordinates started from the police station at 1-30 p.m. Vide Roznamcha Entry No,22, dated 22-12-2001 and at about 1-45 p.m. When they reached at the house of Aftab Ahmed situated in Muhalla New Karma Bagh, they found six persons present inside the house, out of them three were males and three were females. They were arrested in presence of Mashirs namely P.C. Abdul Majeed and P.C. Ali Hassan. After arrest they were interrogated, on which they disclosed their names as Aftab son of Mehar Khan Rind, (2) Altaf Hussain son of Mehar Khan Rind, (3) Inayatullah son of Bulland Khan Bozdar, (4) Mst. Wazeeran wife of Inayatullah Bozdar, (5)
4. Mst. Reshman wife of Azhar Ali Rind and (6) Mst. Najma wife of Wali Khan Junejo, resident of New Karma Bagh, Larkana. They were booked for an offence under section 13, Zina (Enforcement of Hudood) Ordinance, 1979 and were bodily searched, but nothing incriminating was secured from their possession. Mashirnama regarding their arrest was prepared at the spot in presence of the police Mashirs. The accused were taken into custody and were brought at police station where an F.I.R. Was lodged as above. The investigation followed and in due course, the applicants were sent up to stand trial in the Court of learned Vth Additional Sessions Judge, Larkana.
5. ' I have heard Messrs Iqbal Memon and Muhammad Ayaz Soomro, Advocates for the applicants and Mr. Muhammad Ismail Bhutto, learned counsel appearing on behalf of the State and perused the record.
6. ' It has been contended by the learned counsel that the case against their clients is false. They have been implicated in this case under suspicion. The bare reading of F.I.R. Shows that at the time of incident, when the complainant party reached at the place of occurrence, they found six persons present inside the house. Besides this there is absolutely no other allegation against them.
7. Learned counsel further argued that section 13, Zina (Enforcement of Hudood) Ordinance, 1979 has absolutely no bearing on the facts and circumstances of the case, in hand. Learned counsel for the applicants had referred to the cases of Muhammad Rafiq v. The State 1994 PCr.LJ 138, Mst. Razia v.
8. The State 1998 PCr.LJ 929' and Muhammad Nadeem v. The State 1999 PCr.LJ 463 in support of his contentions.
9. ' Learned counsel appearing on behalf of the State opposed the grant of bail on the ground that the offence is punishable for life imprisonment.
10. ' I have given my 'anxious consideration to the arguments of the learned counsel for the respective parties and have also come across the case papers. Admittedly the allegation contained in the F.I.R. Is to the extent that as soon as complainant party after receipt of the information came at the place of occurrence, they found six persons sitting inside the house. They were arrested, interrogated and were ultimately sent up under section 13, Zina (Enforcement of Hudood)
11. Ordinance, 1979. In order to appreciate it would be just and necessary to reproduce section 13, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 in its extenso: "Section 13. .Selling person for purposes of prostitution, etc.---Whoever sells, lets for hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes and shall also be liable to fine."
12. ' The bare reading of section 13, Zina (Enforcement of Hudood) Ordinance, 1979 if read in juxtaposition with F.I.R. Would make it abundantly clear that no offence under section 13, Zina (Enforcement of Hudood), Ordinance, 1979 is made out against the applicants, which calls for further enquiry as contemplated under section 497(2), Cr.P.C. In the circumstances learned counsel for the applicants have been able to make out a case for bail, which is granted to them provided they furnish surety in the sum of Rs,1,00,000 (Rs,one lac) each and P.R. Bond in the like amount to the satisfaction of the trial Court.
13. ' The observations made hereinabove are confined only to this bail application. They are to be considered as tentative in nature by the learned trial Judge insofar as trial of the main case is concerned. The learned trial Judge will decide the main case in accordance with law, uninfluenced by whatever is observed hereinabove.
14. ' Criminal Bail Application No,63 of 2002 stands disposed of.