This is an application for pre-arrest bail. The petitioner was admitted to ad-interim pre-arrest bail on 8.3.2005 by this Court in case FIR No, 259 dated 1.7.2004 registered under Section 15 of Offence of Zina (Enforcement of Hadood) Ordinance, 1979 at Police Station A-Division, Okara.
2. Learned counsel for the petitioner contends that the petitioner is innocent in this case. He holds double nationality. He had left for Netherland, after grant of bail, as challan was not submitted in Court, till. then. On submission of challan, notices were issued. He was proceeded under Section 87/88 Cr.P.C. and declared proclaimed offender.
3. The petitioner's learned counsel argued that he proceeded abroad on the assurance of his counsel for posting an intimation on submission, of challan, hence absence was neither deliberate nor wilful.
4. Learned counsel for the State has opposed the grant of pre-arrest bail and stated that he is a proclaimed offender.
5. This petition was to be heard by the learned trial Court, which had granted post arrest hail but on apprehension expressed by petitioner of risk to his life, on account of allegation against him of practicing Ahmadi faith. It has been entertained here.
6. The petitioner on direction of this Court surrendered his passport with the Deputy Registrar (J) of this Court. The petitioner was granted bail on merit by the learned trial Court. He is a national of Netherland also. His proceeding abroad on the assurance of his counsel cannot be doubted. His absence, therefore, cannot be termed as deliberate. His pre-arrest bail is, therefore, confirmed subject to his furnishing bail bond in the sum of Rs, 2,00,000/- with two sureties in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. He shall appear on each date of hearing before the learned trial Court till decision. He can ask for return of his passport, on decision of the case against him.