' Sajjad Hussain and Muhammad Manzoor Hussain, the petitioners have sought for post-arrest bail in case F.I.R. No,168 dated 9-7-2002 under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered with Police Station Basti Malook, District Multan.
2. Briefly the prosecution case as per F.I.R. Is that on 6-7-2002 at about 12-00 noon Sajjad Hussain (petitioner No,1) had enticed away Mst. Mansab Mai, the complainant from near Garden Sh. Khalil Ahmad within the area of Mauza Larr and he took her to Adda Larr on motorcycle where Manzoor Hussain petitioner No,2 met them. They took juice and also made her to take the same and on taking it she became unconscious and they.Then took her on motorcycle to an unknown place and there they subjected her to Zina-bil-Jabr one after the other.
3. The bail has been sought by them mainly on the ground that the complainant/victim and her husband have sworn affidavit to the effect that they are innocent and are not real culprits; that they are behind the bars and are previous non-convict.
4. On the other hand, learned counsel for the State has opposed the petition on the ground that both the petitioners are named in the F.I.R. And they have enticed away the complainant and had subjected her to Zina-bil-Jabr.
5. I have considered the submissions advanced by the learned counsel for the parties with the help of record.
6. Allegedly the petitioners had enticed away Mst. Mansab Mai, the complainant and then had subjected her to Zina-bil-Jabr. There are with the petition her affidavit and that of her husband Riaz Hussain. In her affidavit, it has been deposed that she and her husband are satisfied that they are not the real culprits and they are innocent and she does not want to pursue the case against them.
In the affidavit of Riaz Hussain, her husband, it has been deposed that his wife had told him that they (petitioners) are not the real culprits.
7. In view of these affidavits, the case against the petitioners has become one of further inquiry and as such is covered under subsection (2) of section 497, Cr.P.C.
8. They are behind the bars and stated to be previous non-convicts.
9. In these circumstances, I find them entitled to bail. The petition is, therefore, accepted and they are admitted to bail provided they furnish I bail bond in the sum of Rs,50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Multan/trial Court.