Law: Code of Criminal Procedure, 1898

Section: 497, 497(2),161

Law: Pakistan Penal Code, 1860

Section: 354/337-A(i)/337-F(i)

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 18

    Criminal Procedure Code (V of 1898)---   ----S.497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18--Penal Code (XLV of 1860), Ss. 354/337-A(i)/337-F(i)---Bail, grant of---Case initially had been registered against the accused only under S. 354, P. P. C. ---State counsel had conceded that neither any supplementary statement of the prosecution nor any statement of the witnesses under S.161, Cr. P. C. had come on record, on the basis of which section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sections 337-A(i) and. 337-F(i), P. P. C. could be added in the case---Applicability of the said- sections, prima facie, appeared to be doubtful and case of accused needed further inquiry as envisaged by section 497(2), Cr. P. C. entitling him to bail---Accused was admitted to bail accordingly.     ORDER   M. BILAL KHAN, J.---Petitioner Khalid Hussain son of Talib Hussain, seeks his post-arrest bail in case bearing F.I.R No.37 dated 14-6-2003, initially registered under section 354, P.P.C. at Police Station Jora Kalan, District Khushab. Subsequently section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 and sections 337-A ( i ), 337-F (i) P.P.C. were added on 21-7-2003.   The allegation as contained in the F.I.R. recorded by Mst. Shamim daughter of Ghulam Habib was that while she was all alone in her house on 13-6-2003, the petitioner came there, held her from her hair and gave her a bite on her left upper arm. According to the complainant when she tried to rescue, herself, her Qameez got torn off and she received scratches on her face and neck. On her hue and cry the witnesses mentioned in the F.I.R. were attracted whereupon the petitioner made good his escape.   The motive according to the complainant was that the accused suspected that the complainant had complained against her sister Yasmeen.   Pre-arrest bail .was allowed to the petitioner by the learned Sessions Judge Khushabvide his order dated 24-7-2003. However on addition of section. 18 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 and sections 337-A, (i)337-F(i),…