1. This criminal revision application has been filed on behalf of one Rehman Ali son of Haji Abdul Majid, who is facing trial in the Court of District and Sessions Judge, West, Karachi. The applicant was challaned in the Court on the basis of F.I.R. No.128 of 1992, of T.PX Police Station, Karachi West, under section 10 of Zina (E.H.O.)' 1979. The applicant applied for bail before the Court of Sessions.
2. Judge, where the case is pending and the learned trial Judge ordered that the applicant be released on bail by furnishing surety bond in the sum of Rs.50,000 with one surety and Personal Bond in the like amount vide his order, dated 23rd May, 1992.
3. One Haji Pinjal son of Kowro Khan, resident of village Mubarak Khhoro, Tehsil Miro Khan, District Larkana offered himself as surety before the Court.
4. The learned Sessions Judge, West, vide his order, dated 1-2-1993 rejected the surety on the ground that the accused was a Bengali. His order reads as under:--- "Accused is Bengali. Rejected".
5. This order of the learned Judge is not based on any legal provision and the mere fact that the accused is Bengali, therefore, he was not released on bail is neither correct not proper nor is based under any provision of law. I, therefore, set aside this order and remand this matter back to the Sessions Judge, who should consider the surety only from the point of view whether he is solvent in the sum of Rs.50,000 or riot as ordered in the order of Sessions Judge releasing him on bail.
6. The revision application stands disposed of.