' M. BILAL KHAN, J.-Munir Ahmad son of Nabi Bakhsh petitioner seeks post-arrest bail in case F.I.R.
No.328 of 2005 dated 16-9-2005, registered with Police Station Saddar Gojra, District Toba Tek Singh, for offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 read with sections 338-G, 109, P.P.C..
2. The case of the prosecution as it unfolded in the F.I.R. Has been given in some detail in the order of this Court of even date passed in Criminal Miscellaneous No.5033-B of 2006, therefore, the facts of the F.I.R. Need not be reiterated here.
3. Munir Ahmed the petitioner had been arrested on 13-4-2006, and is in custody eversince. His application for post-arrest bail had been turned down by the learned Additional Sessions Judge-I, Toba Tek Singh, vide order dated 6-2006.
4. I have heard the learned counsel for the parties at some length.
5. - After hearing the learned counsel for the parties and examining the record it has been observed right away that the role attributed to the petitioner in the F.I.R. Was not that of an accused person. In fact the complainant Mst. Zubaida Bibi wife of Munawar Hussain, had stated in the F.I.R.
That Munir Ahmed, was the one, who had tried to help her out and that having no one else to bank upon she had been helped out by the present petitioner, who had registered their complaint against with accused party. However, according to the record it transpired that at some later stage the petitioner had been relegated as. An accused person. The allegation against him was that his son committed Zina with Mst. Razia Bibi and that the petitioner had abetted the said offence by concealment of true facts. Whatsoever, be the nature of allegations the fact remains that the petitioner had not been arraigned as an accused person either by the complainant or by the victim. Mst. Razia Bibi, who has also been arraigned as an accused, has been allowed bail by this Court in Criminal Miscellaneous No. 5033-B of 2006, today.
6. In view of the allegations levelled in the F.I.R. And examining the facts in their true perspective the case of the petitioner is one of further inquiry as contemplated in subsection (2) of section 497, Cr.P.C. The petitioner is admitted to post-arrest bail, subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Illaqa Judicial Magistrate/Duty Magistrate.