The petitioner Gulzar Ahmad ids applied for after-arrest bail in case F.I.R. No.179 dated 2-5-2002, under section 18/10, Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, Police Station Noor Shah, District Sahiwal.
2. Briefly the prosecution case as per F.I.R. Is that he on 17-4-2002 at about 11/12-00 noon had attempted to subject complainant Mst. Saban Bibi to Zina-bil-Jabr.
3. It has been contended on his behalf that he has falsely been roped in; that there is delay of 17 days in lodging the F.I.R. Without any reasonable explanation; that he is behind the bars for the last more than five months; and that he is previous non-- convict.
4. Conversely, the learned State Counsel has opposed the application on the ground that he has attempted to the complainant lady to Zina-bil-Jabr.
5. I have carefully considered the submissions advanced from both the sides with the help of the available record.
6. The allegation against the petitioner as contained in the F.I.R. Is, that he has forcibly taken the complainant to maize crop and there he removed her Chaddar and made her to lie on the ground and put his hand on, her mouth and on her noise, his son Ramzan; and Noor Ahmad, who were present in the nearby fields were attracted to the spot and on seeing whom he ran away.
7. This allegation even if is taken as true in its entirety the same constitutes not the offence of attempt to commit Zina-bil-Jabr as there is nowhere in the F.I.R. That he either had removed his own clothes or had mounted on her to actually attempt to commit Zina-bil-Jabr with her.
Furthermore, there is delay of 17 days in lodging the F.I.R.
8. In view of the above position, his case appears to be one of further inquiry. The same thus is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars for the last about five months and stated to be previous non convict.
9. I, therefore, accept this application and admit him to bail in the sum of Rs.50,000 with one surety in the like amount) to the satisfaction of the learned trial Court.