1. ALI NAWAZ CHOWHAN, J.- The petitioner is asking for his post arrest bail in case F.I.R. No. 118, dated 10.4.2003 registered at Police Station Qadirpur, District )hang, under Section 10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. He was arrested on 11th April, 2003, but the trial has not yet commenced.
2. The story, briefly, of the case is that Mst. Raza Bibi wh was married and whose husband lived in Karachi was all alone at her home when allegedly the petitioner entered into her house and took her in a room, opened the string of her Shalwar and committed zina with her. In the meanwhile, her father came to know of it and he rushed towards the room along with two eye-witnesses but Hussain Ali, the present petitioner, made good his escape in the meanwhile.
3. Learned counsel for the petitioner states that if this act was being committed in a room and it came to the notice of the eye-witnesses as well as to the father of the victim, escaping of petitioner from the place of occurrence was difficult. learned counsel while placing on record photo copies of F.I.R. No. 238, dated 27th of October, 1999, states that one of the eye-witnesses Haq Nawaz was inimical towards him having lodged this complaint previously. He has also placed on record F.I.R.
4. No. 191/2002, where the petitioner's father is the complainant against Allah Bakhsh, another eye- witness to the occurrence.
5. Muhammad Ayub, AS1, states that these F.I.Rs. Were lodged at the same Police Station.
6. Under the circumstances, the case of the petitioner is one of further inquiry to the effect whether at all the occurrence- had taken place or was this a fabricated story. Consequently, this Court admits the petitioner to bail subject to his furnishing bail bond in the sum of Rs. 10,000/- with a local respectable surety in the like amount to the satisfaction of the Trial Court.