' The petitioner is one of the accused in a case registered vide F.I.R. No,382/92, dated 1-8-1992 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 324/380/148/149, P.P.C. At Police Station Samundari, District Faisalabad.
2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It was confirmed on behalf of the State that as contended herein, out of eight accused in the instant case, five have since been discharged from the case, whereas one person is not traceable on the basis of name mentioned in the F.I.R. And that in respect of 6th accused it has come on the record that he being in the army was present in his unit on the date of occurrence i,e, 30/31-7-1992. Therefore, placing reliance upon 1982 SCMR page 955, wherein one of the accused had been granted bail, as the prosecution version had been disbelieved in respect of the majority of the accused, it is hereby held that the petitioner is entitled to bail. It was further confirmed on behalf of the State that no recovery has been effected from the present petitioner. In this respect, further notice has been taken of the fact that the petitioner has been in judicial custody for over one year and 8 months and that he is neither a previous convict nor a hardened criminal and he is no longer required by the police.
3. Therefore, the petitioner is hereby allowed bail in the sum of Rs,30,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Samundari, District Faisalabad.
4. Copy dasti on usual charges.