' Through this consolidated order I propose to decide Criminal Miscellaneous No, 3556/B of 2003 filed by Muhammad Yousaf petitioner and Criminal Miscellaneous No,3638/B of 2003 filed by Muhammad Hasan petitioner for their post-arrest bail in the same criminal case, i,e, case F.I.R.
No,171 registered at Police Station "B" Division, Okara on 20-5-2003 for offences under sections 10(2)/ 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 together.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the raid in question had been conducted by the local police on the pretext of apprehending a proclaimed offender namely Mujahid alias Mathan but admittedly the raiding party had failed to apprehend the said proclaimed offender but statedly it had found the petitioners indulging in Zina with different ladies. Such a practice on the part of the police has already been strongly deprecated by this Court in the case of Muhammad Naeem and another v.
The State 1999 PCr.LJ 463. It is not disputed that the female accused persons involved in this case were never got medically examined and no vaginal swabs of the said ladies had ever been sent to the office of the Chemical Examiner for detection of semen so as to establish commission of Zina by them. The investigation of this case has already been completed and a challan has already been submitted and, thus, physical custody of the petitioners is no longer required at this stage for the purposes of investigation.
3. For what has been discussed above both the above-mentioned petitions are allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.