BASHIR A. MUJAHID, ].-- Arif Ali s/o Muhammad Yousuf seeks after arrest bail in case FIR No. 320, dated 17.11.2002 under Section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with Section 457, PPC registered at Police Station Saddar, Bhakkar, at the instance of Mst. Shahbaz Akhtar with the allegations that the petitioner trespassed into the house of the complainant and attempted to commit Zina-bil-Jabr with her.
2. The petitioner after investigation has been sent to judicial lock-up. He was declined after arrest bail by the learned Additional Sessions Judge-1, Bhakkar vide order dated 17.12.2002. Hence this petition.
3. learned counsel for the petitioner contends that from the circumstances of the case it is yet to be seen by the learned Trial Court whether offence under Section 457, PPC was made out or attempt to commit Zina-bil-Jabr under Section 18 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979. It is further argued that trial has already compatience and evidence of the complainant has also been recorded so the question of tempering with the prosecution evidence does not arise.
4. The petition has been opposed by the learned counsel for the complainant by arguing that there is no reason for false implication of the petitioner, It is a heinous offence. The petitioner was armed with dead by weapon and attempted to commit, Zina-bil-Jabr. The learned State counsel has also opposed the grant of bail.
5. The petitioner after arrest has been sent to judicial lock-up and since then he is in continuous incarceration. Trial has also ' commenced and statement of the complainant has already been recorded which is to be evaluated by the trial Court, so there is no occasion to temper with the prosecution evidence, It is yet to be seen by the Trial Court that whether the offence under Section 354, PPC was committed or offence under Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is made out is a matter of further inquiry. Therefore, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- each with two sureties each in the tike amount to the satisfaction of Trial Court. However, it is made clear that if the petitioner not co-operates in early disposal of the case and causes delay in conclusion of the trial, complainant or prosecution may approach this Court for re-calling of the concession.