Nizam petitioner seeks bail after arrest in case F.I.R. No.242 registered on 14-9-2001 in Police Station, 18-Hazari, District Jhang under section 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. Was lodged by one Muhammad Sadiq alleging that on 10-9-2001 around 6-00 p.m.
While his daughter Mst. Wajida Parveen aged 13/14 years was returning from school, Nizam and Qaiser accused who were hiding in the sugarcane field stopped her. They caught hold of her.
Nizam accused broke the string of her Shalwar while Qaisar accused held her by arms and Nizam accused forcibly committed Zina with her. As the victim raised alarm Naveed Abbas Khan and Mazhar Abbas Khan P.Ws. Reached there and on seeing them the accused fled away.
3. Arguments have been heard and record perused.
4. It has been stated that during the course of investigation the alleged victim was also found to be a consenting party and had been arrested as co-accused but later on she was released on bail.
The learned counsel for the petitioner has argued that on the basis of principle of consistency the present petitioner is also entitled to the same concession.
5. I have carefully considered the arguments. Since the female co-accused of the petitioner has already been admitted to bail, the male accused i.e. The petitioner is also entitled to the same concession. He was arrested in this case on 20-9-2001 and as such has been in the judicial lock-up for more than 6 months. Under the circumstances the petitioner is entitled to the concession of bail on the basis of principle of consistency. Accordingly the bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000, with two sureties in the like amount, to the satisfaction of the learned trial Court.