' Muhammad Ismail, the petitioner has sought for post-arrest bail in Case F.I.R. No.212 dated 19-5- 2003, under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 registered with Police Station, New Multan.
2. Briefly the prosecution case as per F.I.R. Is that on 8-5-2003 at about 1-30 p.m. He has subjected Mst. Shabana Bibi aged about 12/13 years, the daughter of the complainant to zina-bil-jabr in her house.
3. It has been contended on his behalf that he has falsely been roped in on account of dispute over five Marlas house between his father and the complainant and the latter (complainant) has used his said daughter `or his involvement in the case; that these is 11 days' delay in lodging the F.I.R. As well as med:-..Al examination of the said girl and there is no reasonable explanation of the same; that the medical examination's report of the girl has suggested that she was not at all subjected to zina-bil-jabr and this belief has further been strengthened by the report of Chemical Examiner which indicated that her vaginal sawabs were not stained with semrn and so all these facts render his case to further inquiry into his guilt and so the same is covered under subsection (2) of section 497, Cr.P.C.; and that he is behind the bars and previous non-convict.
4. Conversely, the learned counsel for the State assisted by the learned counsel for the complainant has opposed the petition on the ground that he is named in the F.I.R.; that he is the only accused in the case; that there is explanation of delay in the F.I.R. As well as the medical examination of the said girl; that there is statement of the victim besides other witnesses on the basis of which he prima facie is linked with the crime; and that he has committed a heinous offence by subjecting a young girl to ZinaBil-Jabr.
5. ,I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. He allegedly has subjected the said girl to zina-bil-jabr in her house. There is with the petition the copy of her MLR. The same is as follows:-- "General Examination:---No marks of violence seen on any part of the body. Breasts developed, axillary and pubic hair black in colour.
' P/V Examination:---V/V: Healthy, no staining or bleeding.
' Hymen: Intact.
' Three external vulval swa bs taken and being sealed for the detection of semen if any."
The above position shows that no mark of violence was found on any part of her body, while allegedly she was subjected to zina-bil-jabr by him (petitioner), who statedly is aged about 22/23 years. The report of Chemical Examiner is also in the negative as her vaginal swabs sent there were found not to be.Stained with semen.
7. There is also some delay in lodging the F.I.R. As well as her medical examination.
8. All these facts certainly bring his case within the purview of further inquiry into his guilt as envisaged by subsection (2) of section 497, Cr.P.C.
9. He is behind the bars and stated to D be previous non-convict.
10. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 (Rupees fifty thousands) with one surety in the like amount to the satisfaction of the learned trial Court.