Law:

Section:

The petitioner has approached this Court for his release on bail in a case registered against him vide FIR No.87 dated 25-7-1991; Police Station Balakot under section 5/10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He filed an application for bail in the Court of MIC Balakot and thereafter before Sessions Judge, Mansehra, who rejected his bail application vide orders dated 13-8-1991 and 21-8-1991 respectively.

2.  The learned counsel for the petitioner contends that the petitioner was taken into custody by the police on 25-7-1991 and was kept in illegal confinement. His formal arrest has been shown on 26-7-1991 and was produced for confessional statement before the Magistrate on 27-7-1991 and as such the confessional statement carries no value. He referred to the affidavit of Mst. Noor-un-Nisa the complainant wherein she has stated that she has not been subjected to Zina by the petitioner, and that she has been allowed bail, as such on the principle of consistency the petitioner is entitled to be released on bail.