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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: PERVAIZ VS Respondent: THE STATEHonorable Justice Sarmad Jalal OsmanyAshraf Ali Butt alongwith Imran Butt,Qazi Wali Muhammad
2003 Y L R 3218
2003 Y L R 3218
[Karachi]
Before Sarmad Jalal Osmany, J
PERVAIZ alias BHOORA‑‑‑Appellant
Versus
THE STATE‑‑‑Respondent
Criminal Bail Application No. 1137 of 2002, decided on 16th September, 2002.
Criminal Procedure Code (V of 1898)‑‑‑--
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑ Bail, grant of‑‑‑Further inquiry‑‑‑Police had recommended release of co‑accused which recommendation was allowed by the Magistrate‑‑‑Medical report was only to the extent that complainant was not a virgin and Chemical Certificate was silent as regards any particle of semen which could have been available on the recovery of pieces of cloth and bed sheet‑‑‑Case being of further inquiry, bail was granted to accused.
Ashraf Ali Butt alongwith Imran Butt for Applicant.
Qazi Wali Muhammad for the State.
ORDER
Learned counsel submits that there is hardly any evidence against the applicant apart from the F.I.R. In this connection he has pointed out that co‑accused have been released by the concerned Magistrate upon recommendation of the police under section 497(2), Cr.P.C. since per their investigation these co‑accused viz. Ghulam Qadir and Sahibzadi were not involved in the crime in question. Further learned counsel says that as far as the medical report is concerned, it is only to the extent that the complainant is not a virgin, which does not establish any thing as far as the alleged crime of Zina is concerned. Additionally learned counsel has submitted that the chemical report is also negative regarding any pieces of semen etc. from the recovered articles viz. bed sheet and the pieces of cloth, which were allegedly used by the applicant/accused in order to clean both himself as well as the complainant after the alleged Zina took place. Consequently, learned counsel prays that in the circumstances of the case the applicant be released on bail as this is a case of further enquiry.
Learned counsel for the State has not opposed the grant of bail at this stage.
I have heard both the learned counsel as well as the learned State Counsel;.
The facts of the matter in brief are per F.I.R. No.123 of 2002 lodged at Police Station Surjani Town, Karachi, on 8‑6‑2002, that complainant was subjected to Zina by the applicant/accused in complicity with the co accused Ghulam Qadir and Sahibzadi who were the maternal uncle and aunt of the complainant. It has been particularly alleged in the F.I.R. that although such Zina was being committed in the presence of Mst. Sahibzadi she did not make any effort to rescue the complainant. As against the version of the complainant it has come on the record that the police has recommended the release of co‑accused Ghulam Qadir and Mst. Sahibzadi under section 497(2) of Cr.P.C. which was allowed by the concerned Magistrate. Similarly, the medical report is only to the extent that the complainant is not a virgin and also the chemical certificate is silent as regards any particle of semen, which may have been available on the recovery of pieces of cloth and bed sheet. In these circumstances, in my opinion, this is a case of further equity, hence bail is granted to the applicant/accused provided furnishes solvent surety in the sum of Rs.1 lac and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
Bail application is disposed of alongwith the listed application.
H.B.T./P‑74/K Bail granted.