AMIR ALI Versus THE STATE

ORDER

The petitioner Amir Ali has moved this petition for bail after arrest under section 497, Cr.P.C. in a case registered against him under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 326/323/34, P.P.C. at Police Station Garh, District Faisalabad, vide F.I.R. No.78/87, dated 9-5-1987.

2. Learned counsel for the petitioner argued that the F.I.R. in the case was lodged after 40 hours and no explanation whatsoever has been given by the prosecution. The learned counsel stressed that no active part has been attributed to the petitioner except that he guarded the house alongwith co-accused Zahoor. Learned counsel maintained that under similar circumstances Zahoor co-accused has been allowed bail. Learned counsel urged that this is a case of further inquiry. Learned counsel for the State submitted that although Zahoor co-accused was attributed the same part which part was played by Amir Ali present petitioner, the investigating officer declared Zahoor co-accused as innocent.

3. I have heard learned counsel for the parties. I have also seen the police record. I am of the view that this is a case of further inquiry inasmuch as the co-accused Zahoor has been allowed bail under similar circumstances. Without expressing any opinion on merits pf the case, I admit the petitioner to bail in the sum of Rs.50.000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/ Duty Magistrate Samundari. District Faisalabad

M. A . K. /A-202/L Bail granted.