' The petitioner through the present petition has sought post-arrest bail in a case registered vide F.I.R. No,345 of 1997, dated 10-9-1997, under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with sections 420/468/471/342/506/109, P.P.C. At Police Station Shandara Town, Lahore.
2. Learned counsel for the petitioner, the State and the complainant were heard at length in respect of the contentions stated herein. The bail contended on behalf of the petitioner was forcefully opposed on the ground that he had married his co-accused Ruqayya Bibi, since bailed out, pursuant to false divorce documents and that, as such, being guilty of an offence for which the punishment is ten years R.I. He is not entitled to bail.
3. On the other hand, it has been taken notice of, as contended on behalf of the petitioner by his learned counsel, that the entire matter is based on disputed facts io the effect that the present petitioner and his wife and co-accused Ruqayya Bibi claimed to have entered into a bona fide Nikah with each other in accordance with law and tents of Islam as the Nikah is duly registered pursuant to the lady accused having been divorced by her previous husband Muhammad Anwar who is neither complainant in the instant case nor he is witness against the petitioner and his co- accused and, therefore, it is further observed that under the facts and circumstances highlighted it is yet for the learned trial Court to adjudicate upon the said disputed facts that may or may not be the basis of any penal offence. It has been further taken notice of that the petitioner has been in judicial custody for over seven months and is no more required by the police and that neither he is a previous convict nor a hardened criminal.
4. Therefore, for the afore stated reasons, the case of the petitioner is duly covered under the provisions of subsection (2) of section 497, Cr.P.C. And he is entitled to bail.
5. Consequently, 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 the learned trial Court.