' A case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered with the Police Station Hasalpur on the statement of Mst. Nadia Yasmin against Shabbir Ahmed alias Pappu petitioner herein and his co-accused.
2. The recent report under section 173, Cr.P.C. Submitted in the Court, however, also involved the complainant as co-accused alongwith the petitioner with the opinion that both the petitioner and Mst. Nadia Yasmin had allegedly committed the aforementioned offences.
3. The learned counsel for the petitioner has sought post-arrest bail of Shabbir Ahmad that case of further enquiry is made out in view of different and conflicting opinions of the Investigating Officers and secondly the petitioner is behind the bars since considerable period even the charge has yet not been framed.
4. The learned counsel for the complainant and the State counsel, both have opposed the prayer that the petitioner was found the principal accused in all the investigations and the offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I do not find good ground to bail out the petitioner at this stage when the case is ripe for trial and it will not take long to conclude. The learned Additional Sessions Judge seized of the matter is directed to dispose of the case within two months from the next date of hearing (excluding the period he will be on summer vacation). In case the trial is not concluded by that time, the petitioner shall be at liberty to move that Court for bail afresh who shall decide it on merits.