' The petitioner is involved in a case F.I.R. No,244 of 1998, registered under section 11/7, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station "A" Division, Okara. The petitioner filed application for bail before arrest and the learned Additional Sessions Judge, Okara, granted ad interim bail. Subsequently, on the date of confirmation the petitioner did not appear and the same was dismissed for non-prosecution vide order, dated 20-7-1998.
2. The learned counsel for the petitioner contended that learned Additional Sessions Judge should have been provided the opportunity and the case be adjourned for the said purpose. It is further contended that it is the duty and obligation of the learned Additional Sessions Judge to decide the application on merits even in the absence of the petitioner.
3. Learned Assistant Advocate-General appeared on Court's call and he did not seriously oppose the bail petition.
4. I have given my anxious consideration to the contentions of the learned counsel for the parties.
The order, dated 20-7-1998 of learned Additional Sessions Judge is not in accordance with the dictum laid down by this Court in 1981 PCr.LJ 61'. As such the impugned order cannot sustain and the same is hereby set aside. Resultantly, this criminal miscellaneous petition is accepted and the application of the petitioner before the learned Additional Sessions Judge is deemed to be pending for adjudication. The petitioner is directed to appear before the Court of learned Additional Sessions Judge, Okara on 5-8-1998. The petitioner is also directed to join investigation as and when he required; otherwise this order shall automatically be recalled. Copy Dasti.