Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 498---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10---Penal Code (XLV of 1860), S.451---Constitution of Pakistan (1973), Art-185(3) ---Pre-arrest bail---Allegations levelled against accused were serious in nature and case against him was not based on mala fides or enmity---Discretion in refusing bail before arrest to accused had rightly been exercised by the Courts below---Leave to appeal was refused accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Right of pre-arrest bail is limited to exceptional and rare cases which are based on mala fides/enmity or where no offence is shown to have been committed on the bare reading of F.I.R. ORDER RAJA AFRASIAB KHAN, J.---On 12th of June 1995 at 11 a.m., a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 451, P.P.C. was registered against Muhammad Azam (petitioner) with Police Station Noor Kot District Narovval at the complaint of Muhammad Arif. The complainant is a resident of village Jhanday Langha and, at present, works to earn his livelihood in Dina, District Jhelum. In his absence, on the night between 11/12-6-1995 at about 2-00 a.m., when his wife Mst. Manzooran had also gone to visit her relatives and his daughter Mst. Kaukab Bibi. was alone and sleeping in the courtyard of her house. The petitioner, Muhammad Aram is alleged to have trespassed into the house and committed rape with hIst. Kaukab Bibi at pistol point. At her alarm, Mst. Parveen Bibi and Muhammad Asif who were sleeping on the roof of their house, reached and witnessed the occurrence. The room where Muhammad Azam was committing rape with Mst. Kaukab Bibi was bolted from outside by Mst. Parveen Bibi. The petitioner broke open the door and ran away with his weapon. Muhammad Boota, Muhammad Islam and Nazir…

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