' Through this single order, the petitions for bail after arrest (Criminal Miscellaneous 835/B of 1999 and 1083/B of 1999) moved on behalf of Fazal Ahmad and Nazir Maee are being disposed of.
2. A case vide F.I.R. No,45 of 1999, dated 1-3-1999, under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered at Police Station Samma Sattah, District Bahawalpur, against the petitioners upon spy information, raid was conducted by Muhammad Arshad, S.-I. Police Station Samma Sattah who found the petitioners committing Zina.
3. The challan in the case has been submitted to the learned trial Court.
4. The prayer of the petitioners for the post-arrest bail has already been declined by the learned Additional Sessions Judge, Bahawalpur, vide his order, dated 2-6-1999. Hence these petitions.
5. Learned counsel for the petitioners argues that petitioners are behind the bars since 1-3-1999 though the challan has been submitted to the trial Court yet there is no active progress in the trial; that there is no evidence against the petitioner for the commission of the alleged offence except that of the statement of the complainant who is himself Investigating Officer; that the only evidence available was that of Chowkidar of the garden who had already given an affidavit to the Investigating Officer to the effect that no such occurrence had ever taken place in the garden; that the registration of the case is an outcome of the mala fides on the part of the S.-I./Investigating Officer and the said Investigating Officer has got registered so many similar F.I.Rs, in order to show his "performance"; that the petitioners are not known to each other. The petitioners were not arrested from the place of alleged occurrence; that no time of occurrence has been mentioned in the F.I.R. In support of his submissions, he relied upon 1983 SCM R 790.
6. Learned counsel appearing on behalf of the State opposes the bail petition on the ground that the alleged offence falls within the prohibitory clause but he remained unable to refute the above factual position.
7. Having been pursuaded by the arguments of the learned counsel for the petitioners, I am inclined to allow this petition.
8. Resultantly, the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000 with two sureties, each in the like amount to the satisfaction of learned trial Court.
Disposed of.