Jamshed Ali (herein applicant in Criminal Miscellaneous No. '4762/B of 1989 and Nazir alias Jhullar (herein applicant in Criminal Miscellaneous No.4763/B of 1989) are accused in a case registered under section 10/13/14(7)/79 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 by Police Station Tibi City, Lahore vide F.I.R. No.315/89, dated 29-6-1989. These Criminal Miscellaneous Nos.4762/B of 1989 and 4763/B of 1989 are being disposed of by a single order.
2. The prosecution version unfolded in F.I.R. Is that on 29-6-1989 a raid party comprising Manzoor Hussain A.S.I. Amanat Ali, Muhammad Aslam, Ghulam Haider, Muhammad Riaz and Rehmat Ali Constables and Ch. Muhammad Ashraf and Ghulam Rasul made a raid on the house of Mst. Rani situated in Kacha Chait Ram Road, Lahore. From different rooms inside the house of Mst. Rani, Abdul Hamid, Surayya, Muhammad Nazir. Jamshed and Anjuman-Gori were apprehended for the offence of committing Zina in different adjoining rooms.
3. Nazir and Jamshed have prayed for grant of bail on the ground that all other accused except these two applicants have been granted bail by this Court; that the case of the applicants is at par with them; that offence does not disclose commission of offence punishable with death, imprisonment for life or 10 years' R.I.; that the petitioners had been in jail since 29-6-1989 and the prosecution has not yet opened its case before the trial Court.
4. The learned counsel for the State opposed the grant of bail on the ground that both the applicants were caught red handed committing the offence of Zina.
5. I have hard the arguments of both the learned counsel in length.
6. I am inclined to grant bail to both the applicants on the ground that all the accused are on bail under the order of this Court; that the applicants have been in jail for more than six months and the prosecution has not yet commenced its case without any justification; that expeditious hearing of the case is the right of the accused; that the grant of bail is a rule and refusal is an exception; that the case of the petitioners is not distinguishable from other accused. 1, therefore, allow both the applicants to bail in the sum of Rs.50,000 with one surety each in the like amount to the satisfaction of the trial Court/Duty Magistrate, Lahore.