Petitioner seeks post-arrest bail in case bearing F.I.R. No,217 of 2001, dated 8-7-2001 under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance No, VII of 1979 registered at Police Station Sadar Gojra District Toba Tek Singh.
2. During the investigation of this case, petitioner was arrested on 5-10-2001 and his post-arrest bail application was dismissed by the learned Additional Sessions Judge, Gojra vide order, dated 17-11- 2001 hence this petition.
3. After hearing learned counsel for the parties and perusing the record, it has been observed that co-accused of the petitioner namely Khalida Perveen has already been admitted to bail by this Court vide order, dated 21-1-2002 passed in Criminal Miscellaneous No,69/B of 2002 and the stand of the petitioner is that Mst. Khalida Perveen is his legally wedded wife (A Nikahnama is also annexed with the petition in support of this arguments). The police file produced before this Court also reveals that during the investigation Mst. Khalida Perveen made a statement that she is legally wedded wife of the petitioner. In this view of the matter, prima facie, it would be difficult to say that the ingredients of section 10(2) of (Ibid) Ordinance are attracted and this fact alone is sufficient to bring the case of the petitioner within the fold of further inquiry entitling him to the concession of bail. Resultantly, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.