' The present petition contends for post-arrest bail of the petitioner in the case registered vide F.I.R.
No,120 of 1996, dated 1-5-1996 under section 10 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, at Police Station Kanganpur, District Kasur.
2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions stated herein. It was confirmed on behalf of the State that the petitioner has not been named in the F.I.R. By the complainant, but that he was alleged to have been seen by two prosecution witnesses subsequently associated with the investigation of the case. It was further clarified that the said two P.Ws. Are not named as eye-witnesses of the occurrence in the F.I.R. Itself.
It was further confirmed on behalf of the State that no identification parade has been held in respect of the petitioner, who is otherwise not named in the F.I.R., as stated above.
3. Therefore, it is hereby held that for the aforestakd reasons the case for bail of the petitioner is made out under the provisions of subsection (2) of section 497, Cr.P.C. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and that he has been in the judicial custody for almost nine months. Therefore, it is hereby observed that merely because the petitioner had been declared proclaimed offender pursuant to the registration of case in which he was not named as an accused, shall not be bar to the bail being allowed to him, if a case for the same is otherwise made out.
4. For the aforestated reasons, 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 C the learned trial Court.