' Mst. Naureen petitioner has applied for after arrest bail in case F.I.R. No, 217 of 2002 under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance No, VII of 1979 Police Station Fazilpur, District Rajanpur.
2. Briefly the prosecution case as per F.I.R. Is that on 7-7-2002 at about 12-noon in the house of one Raheem Bakhsh .Dasrat in the area of Mauza Fazilpur she and her co-accused Hafiz Ullah were embracing and kissing each other with their Shalwars off and were preparing for Zina. The bail has been sought on the ground that she has been falsely roped in; that she has not committed the alleged offence; that there was enmity of her with the complainant; that as per her school leaving certificate, her date of birth is 15-9-1990 and, as such, her age at the time of alleged incident was less than 12 years and so she is under 16 years of age girl; that she is behind the bars for the last one month and 8 days; and that she is previous non-convict.
3. Conversely learned counsel for the State has opposed the application on the ground that she and her co-accused were embracing and kissing each other with their Shalwars off and so were preparing for Zina.
4. I have carefully considered the arguments advanced from both the sides with the help of the available record.
5. From the bare reading of the F.I.R. It appears that even if the allegation as contended therein is taken as true in its entirety the same simply constitutes preparation to commit Zina. This stage is prior to attempt to commit offence of Zina. The offence under section 18 of the aforesaid Ordinance would be there, when there will be attempt. Thus in view the nature of the allegation against her, it is yet to be seen that if she can be held liable of the offence under section 18 of the said Ordinance or some other offence. Her case, therefore, is covered under subsection (2) of section 497, Cr.P.C.
Calling for further inquiry into her guilt.
6. As per her school leaving certificate, her date of birth is 15-9-1990. If seen from that angle, her age at the time of the alleged incident was less than 12 years, so on the ground of sex as well as her being under the age of 16 years, the first proviso to section 497(1), Cr.P.C. Is also attracted to her case. She is behind the bars since her arrest.
7. I, therefore, accept this petition, and admit her to bail subject to her furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of learned trial Court.