' SH. JAVAID SARFRAZ, J.---The petitioners seek post-arrest bail in case F.I.R. No,184 of 2005 dated 11- 8-2005 under section 10 of Offence of Zina (Enforcement of Hadood) Ordinance, 1979, P.P.C.
Registered at Police Station City Alipur District Muzaffargarh.
2. Learned counsel for the petitioners submits that according to the F.I.R. No allegation of Zina has been levelled against the petitioner; that he has been declared innocent by the Investigating Officer and discharge report has also prepared; that the case of the petitioner is that of further inquiry.
3. Learned State counsel has vehemently opposed this bail petition and submits that the petitioner is nominated in the F.I.R. And he is guilty of this offence.
4. Arguments of the learned counsel for the parties have been heard and record perused.
5. After the registration of the case, the Investigating Officer, after the investigation declared the present petitioner as innocent and found Sajid Ali guilty of the alleged offence. This was confirmed by investigation conducted by the S.H.O., who also found the present petitioner Shahid Ali as innocent and found that he was not even present at the time of occurrence while Sajid Ali was the main accused. Lastly the D.S.P. Also conducted his own investigation and found that the present petitioner Shahid Ali, had nothing to do with this occurrence and declared him innocent. Although the findings of the police are not binding but nevertheless a case of further inquiry has been made out within the purview of section 497(2), Cr.P.C. Reliance is placed on Falak Sher v. The State 2001 YLR 2593 and Ghulam Shabbir v. The State 2001 YLR 2618. The petitioner is behind the bars for over two months. It will take a long time before the trial is finally concluded. Bail cannot be refused as punishment. Reliance is placed on Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Ch. Abdul Malik v. The State PLD 1968 SC 349. No useful purpose would be served by keeping him behind the bars for an indefinite period.
6. Under these circumstances while accepting this petition, the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.
Copy dasti.