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Criminal Petition for Special Leave to Appeal No. 73 of 1982 in Criminal Appeal No. 13 of 1982, decided on 20th March, 1982.
(Against the order of the Lahore High Court dated 25‑1‑1982, passed in Criminal Misc. No. 3305‑B/81).
-----S. 497/498‑Bail‑Offence under S. 11, Offence of Zina (Enforcement of Hudood) Ordinance, 1979‑Reasons present for believing that accused petitioner was not guilty of offence punishable with death, life imp risonment or imprisonment of ten years or more‑Accused‑petitioner allowed bail.
Malik Allah Yar Khan, Advocate Supreme Court with Sh. Abdul Karim, Advocate‑on‑Record for Appellant.
S. D. Qureshi, Advocate Supreme Court for the State.
Date of hearing : 20th March, 1982.
The petitioner who is accused of offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, seeks Leave to Appeal against the order of the Lahore High Court dated 25‑1‑1982, rejecting his bail application. .
2. We issued notice to the State. The case has come up for hearing again.
3. We have heard the learned counsel for the petitioner as well as for the State. We do not wish to make any observation which may prejudice the case of either of the parties at the trial. Suffice it to say that there appears to be reasons for believing that the petitioner is not guilty offence punishable with death, imprisonment for life or 10 years' R. I. or more. We, therefore, convert the petition into appeal and allow the same.
4. The petitioner is granted bail in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Chinniot.
Bail granted.
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