1. ' Petitioner Tanveer Aslam through the instant petition has sought for post-arrest bail in Case F.I.R.
2. No.187 of 2002 dated 8-4-2004 under sections 10/11 of the Offence of Zina (Enforcement of Hudood)
3. Ordinance No. VII of 1979 registered with Police Station Nishatabad, District Faisalabad.
4. ' The facts of the case were mentioned in the petitioner's earlier bail petition bearing Crl. Misc.
5. No.7620 of 2003. The same, therefore, are not repeated here.
6. ' It may be mentioned here that the petitioner's earlier said application was declined by this Court on 15-1-2004. He has brought this bail petition with fresh ground. It has been submitted on his behalf that he has filed the suit for restitution of conjugal rights against the alleged abductee Mst.
7. Ume Amara and the same is pending adjudication before the competent Family Court and due to the same the learned trial Court has stayed the proceedings in the instant case and it is not certain that when the said suit is to be decided and till the determination of the same, it is justified to release him on bail. In this regard reliance is placed upon the case of Muhammad Azam v.
8. Muhammad Iqbal and others (PLD 1984 SC 95); and that he is behind the bars for the last about two years and four months but without conclusion of his trial, while speedy trial is right of every accused.
9. ' Conversely, the learned State counsel has opposed the petitioner on the ground that earlier he" was refused bail by this Court and now there is no fresh ground available to him for the purpose.
10. ' I have considered the submissions of both the sides with the help of the available record. As said above that he was earlier refused bail vide the above referred order of this Court in the Crl. Misc. He now has sought the bail on the above indicated fresh ground.
11. There is a copy of the plaint in the suit for restitution of conjugal rights brought by the petitioner against the alleged abductee Mst. Ume-e-Amara. According to his learned counsel, the same is pending adjudication before the competent Family Court. The said suit was brought on 22-3-2004.
12. He, while earlier was refused bail on the above said date i.e. 15-1-2004. It has also appeared from the order dated 22-6-2004 recorded by the learned trial Court that proceedings in the instant case have been stayed to await the decision of the said suit by the learned Family Court. The copy of the said order of learned Addl. Sessions Judge, Faisalabad is appended to the instant petition as annexure 'F'.
13. It is not known that when the decision of the Family Court in the suit shall be arrived at. In the case of Muhammad Azam v. Muhammad Iqbal and others (PLD 1984 SC 95), in such-like situation, the Hon'ble Supreme Court has held that the accused may be released on bail. I, therefore, respectfully following the dictum laid down in the esteemed authority, find that due to the above development in his case, the same has become one of further inquiry into his guilt. The same is, therefore covered under subsection (2) of section 497, Cr.P.C.
14. ' He is stated to be behind the bars and a previous non-convict, which has not been controverted by the other side. I, therefore, accept this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.