FALAK SHER, J.- Ball is being sought in the case registered vide FIR No. 126 of 19.5.1994 under section 14 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Dinga, District Gujrat alleging arresting of the petitioners conjunctively with two female accomplices namely Mst.
Nasim Bibi and Rani around 4.50 p.m. While having good the in a dense cluster of bamboo trees effecting recovery of 8 canes of orange colour liquor and unlicenced armoury on a tip of furnished during patrol for Amjad Hussain petitioner being a proclaimed offender of the case registered vide FIR No. 258/88 under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 1979 at the same police station.
2. Contending that the offence charged is not made out for the postulated theory being utterly improbable in view of the attending circumstances viz., indulgence into illicit venture in the afternoon of scorching heat of May at a public place within immediate vicinity of metalled road and with the submission of challan are no more required by the Investigating Agency.
3. Which has been opposed by the learned counsel appearing on behalf of the State without joining issue with the contentions urged which prima facie constitute sufficient grounds for further inquiry into the petitioners involvement in the offence charged.
4. Consequently are allowed bail upon furnishing bonds in the sum of Rs. 30,000/- each with two sureties each in the like amount to the satisfaction of the trial Court.