1. Granted.
2. This bail application is moved on behalf of applicants Qari Nazeer, Qari Imran and Sheerin Muhammad, who are involved in F.I.R. No,257 of 2002 of Police Station Quaidabad, Karachi, under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Their bail plea has been declined by the learned trial Court vide order dated 4-12-2002.
The facts are that complainant Mst. Nazia Bashir, aged about 17 years, had been teaching as Qaria in Iqra Darul Qur'an for the last about two and half years. On 8-10-2002 at 5-00 p.m. While she was about to leave for her house, a student of Madersa told her that she was called by the wife of Qari Nazeer, head of said Madersa. When she reached the house, she found Qari Nazeer, his wife, and his brother Qari Imran alongwith his wife there. Qari Nazeer made her sit in a room. She asked about the matter whereupon he asked to wait till her brother Tahir Mehmood comes. When her brother came, Qari Nazeer pointed a pistol to him and asked him to accede to what they say. He asked her brother to send his parents to them. Thereafter her brother was taken to some other place. It is further alleged that she was served with intoxicated drink due to which she became semi-conscious and felt that she was being taken in a taxi driven by Shareef Jan as was addressed with this name by accused Qari Nazeer. Thereafter she was kept in a room at some unknown place for about four days during which period she was subjected to Zina-bilJabr, after serving intoxicated drinks to her, against her will. She resisted but was not let off till the accused satisfied the lust. On 12-10-2002 she was handed to her brother at Matrovele pump after issuing threats of murder in case she did not accede to their demand. Out of fear she did not take any action, but later alongwith her brother Tahir Mehmood and uncle Ali Asghar Khan Sawati approached the police station and lodged report.
' Learned counsel for the applicants contended that there is inordinate delay in lodging the report as the incident took place on 8-10-2002. The victim let off by the accused on 12-10-2002, while the F.I.R. Was lodged on 16-10-2002. He further contended that the complainant is legally-wedded wife of accused Nazeer. During investigation the police had examined witnesses of Nikah namely, Muhammad Sajjad and Muhammad Naoman as also Nikah Khawan. Mohsin Raza, who have supported the case of applicants. To substantiate this fact he has produced photo copies of Nikahnama, statements of Muhammad Sajjad, Muhammad Naoman and Qazi Mohsin Raza. He further submitted that the investigation of the case was entrusted to Special Investigation Unit, who found the case of no evidence and submitted report under section 169, Cr.P.C. Before the Judicial Magistrate, but the later without considering the report sent the case to the Court of Session for further proceedings. Copy of the report is also filed as M/2 to this bail application. On the aforesaid grounds, the learned counsel contends that the case requires further inquiry and the applicants are entitled to bail.
' The learned State Counsel and the counsel for the complainant have opposed the grant of bail, but could not controvert the submissions made by the learned counsel for the applicants.
' I have considered the above submissions of the learned counsel for the parties and examined the documents i,e, scrutiny report dated 18-11-2002 signed by S.D.P.O. Report under section 169, Cr.P.C.
As also the statements of witnesses including witnesses of Nikahnama and Nikah Performer which admittedly support the version of the applicants. The medical report in respect of the victim' is available with ,the learned State Counsel, which does not show any mark of violence on her person to assume that she was in fact, subjected to sexual intercourse by accused Nazeer forcibly. In these circumstances, in my humble view, a case of further inquiry is made out in favor of the applicants and they are entitled to bail. It is yet to be determined at trial whether they have committed the offence as alleged by the prosecution. Accordingly the bail application is allowed and the applicants are admitted to bail on their furnishing solvent sureties, in the sum of Rs,1,00,000 (Rs, One lac only) each and P.R. Bonds in. The like amount to the satisfaction of the trial Court.