' The petitioner, Saleem Anwar, has moved this petition for bail after arrest under section 497, Cr.P.C.
In a case registered against him under section 307, P.P.C. And section 10 of offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station City Mianwali vide F.I.R. No, 71 dated 31-3-1987.
2. It is argued that the petitioner is not mentioned as an accused person in the F.I.R. It is stated that after three or four days of the lodging of the F.I.R., the petitioner was arrested. Learned counsel submitted that the petitioner was declared innocent by the investigating police. He stated that the only evidence collected by the prosecution (is that of extra-judicial confession.
3. Learned counsel for the State has submitted that the victim in the case is aged 7 years and she was subjected to rape and that the positive result has been shown by the expert witness.
4. I have heard the learned counsel for the parties. Without expressing any opinion on the merits of the case, I am of the view that name of the petitioner has not been mentioned in the F.I.R. The petitioner was declared innocent in the beginning by the investigating agency and there is no clear denial from the side of the prosecution. Regarding the extra-judicial confession, learned counsel for the petitioner has stated that it is a joint extra-judicial confession and in law the same does not carry any weight. In my view this is a case of further enquiry. Therefore, I admit the petitioner to bail in the sum of Rs,80,000 (Rupees eighty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali.