GHULAM YASIN Versus STATE

ORDER

1. Petitioners seek bail in the case registered against them under section 452, P.P.C. and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Piplan, District Mianwali on 31‑3‑1988 on the statement of Mst. Nasira Bibi.

2. 2: It is alleged in the F.I.R. that the petitioners had entered the house of the complainant and had forcibly committed Zina with her.

3. The contention of learned counsel for the petitioners that the S.I./S.H.O. during investigation had expressed opinion that the petitioners, in his view, were innocent and that the complainant was a woman of ill‑reputation, has not been denied by learned counsel for the State. In fact, this opinion finds mention in report under section 173, Cr.P.C. as well. The petitioners are in jail for the last 8 1/2 months and their case has not been fixed, for trial so far. There is no Previous bad record of the petitioners.

3. "Keeping in view the circumstances noted above, I feel inclined to allow this petition. The petitioners shall be released on bail subject to their furnishing bail bonds in the sum of Rs. twenty thousand each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.

4. M.BA./S‑317/L Bail granted.