Law:

Section:

Criminal Procedure Code (V of 1898)--- ---- S.497 --- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)118---Penal Code (XLV- of 1860), Ss.45.6, 451 & 354 --- Bail, grant of--­ Accused who according to F.I.R. was trying to forcibly remove the victim's Shalwar and had not made her naked was prima facie liable under S.354, P.P.C.---Victim and her husband both being interested witnesses and the independent witnesses having not supported them, involvement of accused in the case had become a matter of further inquiry --- Accused had allegedly committed house, trespass in order to commit an offence punishable with imprisonment and S-451, P.P.C. was prima facie attracted --- Both the offences punishable under Ss.354, P.P.C. and 451, P.P.C. were bailable --- Accused was admitted to bail in circumstances. Ailah Bakhsh v. Nazar Hussain Shah and another 1979 SCMR 137 rel. JUDGMENT Faqir Hussain complainant got, recorded crime case No.386 dated 29-9-1995 at 1-25 a.m. at Police Station Saddar, Rahim Yar Khan under section 456, P.P.C. and under section 10(~)/18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 with the allegation that on 29-9-1995 at 6-00 p.m. he arrived back to his home from the Bazar after purchasing the household articles. He heard the alarm of his wife Mst. Sajida Bibi. He saw that Doast Muhammad accused-petitioner was making the attempt to forcibly remove the Shalwar of his wife who was struggling and that the Shalwar of Doast Muhammad had been removed. He alleged that Doast Muhammad was attempting to commit Zina-Bil-Jabr with his wife. His alarm attracted Rashid Shah and Muhammad Arshad P.Ws. who also saw the occurrence. The attempt was made to catch hold of Doast Muhaminad who succeeded in making good his'escape alongwith his Shalwar. The petitioner was arrested on 29-9-1995 whose bail plea has been rejected by the Additional Sessions Judge and he has filed this petition in this Court to try his luck to be admitted to bail. 1 2. 1 have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. There is no need to reproduce the arguments in detail…

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