' Ahmad petitioner seeks bail in case F.I.R. No.229 of 2002, dated 20-10-2002 under section 10 of the Offence of Zina Enforcement of Hadood) Ordinance, VII of 1979 registered with Police Station, DintHay, District Gujranwala.
2. The F.I.R. Was lodged by Mst. Gulshan alleging that Mehboob alias Bini had taken her along to his house where three boys namely Ahmad petitioner, Jameel alias Ballo and Rafique Masih alias Khalifa were present and all of them committed Zina with her and also snatched her golden ear rings and also an amount of Rs.2,000 in cash from her mother.
3. Arguments have been heard and record perused.
4. Learned counsel for the petitioner has pointed out that before the learned Additional Sessions Judge, Gujranwala Mst. Gulshan alleged victim had filed affidavit to the effect that Ahmad petitioner was not present at the time of occurrence nor lie had committed Zina with her and that his name was mentioned on account of some misunderstanding. She has no objection to the grant of bail to him.
' Similarly Mst. Inayat Bibi P.W./mother of the victim and also Mst. Rehana Bangalan, P.W. Who had also reached the place of occurrence, according to the prosecution story had filed affidavits before the learned Additional Sessions Judge. In here affidavit Mst. Rehana Bangalan had stated that at the time of occurrence Ahmad petitioner was not present and his name was mentioned on account of some misunderstanding. Mst. Inayat Bibi in her affidavit had deposed that at the time of occurrence Ahmad petitioner was not present.
5. All the three P.Ws. Mentioned above i.e. Mst. Gulshan, Mst. Rehana and Mst. Inayat Bibi are present before this Court even today and have supported the contents of their affidavits.
6. In view of the affidavits of the P.Ws. Mentioned above, including the victim it is clearly a case of further inquiry to the extent of the petitioner. In the light of the authority 1997 PCr.0 1107, the petitioner is clearly entitled to the concession of bail. Accordingly the bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court.