' The petitioner is an accused in a case registered vide F.I.R. No,383/92, dated 14-12-1992, under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Shadbagh, Lahore.
2. According to the F.I.R. In brief, the complainant was enticed by being offered a lift on a motor- cycle of the petitioner and had been taken to a house, where she was subjected to Zina by the petitioner alongwith a co-accused named therein. The petitioner was not named in the F.I.R. And his description has been stated therein.
3. The learned counsel for the petitioner and the State were heard at length. As pointed out by the learned counsel for the petitioner, the complainant has made a contradictory statement in respect of the petitioner in her supplementary statement recorded on 29-12-1992, and the learned Additional Sessions Judge during the hearing of the bail petition which was dismissed by the impugned order i,e. She had claimed the petitioner to be the accused named in the F.I.R. While opposing the bail before arrest of the petitioner, but during the hearing of the petitioner's bail after arrest, she had stated before the Court that he was not her accused and had also filed an affidavit in support thereto. Therefore, as contended by the learned counsel for the petitioner, the case of the petitioner is duly covered under subsection (2) of section 497, Cr.P.C. And in this respect, reliance is placed on PLD 1972 SC 81 and PLD 1972 SC 277, wherein it has been held that neither the law is to be stretched in favour of the prosecution nor the bail is to be withheld as punishment.
4. Therefore, in view of what has been stated above, the petitioner is hereby allowed bail in the sum of Rs,30,000 with two sureties each, in the like amount to the satisfaction of the A.C. (City)/Duty Magistrate, Lahore.