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Criminal Miscellaneous No. 1734-B of 1986, decided on 23rd August, 1986.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Previous bail application withdrawn- Second application on fresh ground--Accused found innocent during investigation--Interim bail granted in circumstances.

Muhammad Latif Khan Khosa for Petitioner.

Khalil Ramdey, Addl. A.-G. for the State.

Azmat Khan for the Complainant.

The petitioner alongwith others stands charged under Articles 10/11 of the Offence of Zina-bil-Jabr (Enforcement of Hudood) Ordinance, 1979. He is alleged to have committed Zina-bil-Jabr with Mst. Khalida Perveen.

2. Learned counsel for the petitioner states that he had applied earlier for bail but had withdrawn the petition from the Court of Mr. Justice Muhammad Rafiq Tarar on 27-4-1986. He states that thereafter, on the availability of fresh grounds another application was moved on which notice was issued by the aforementioned Hon'ble Bench and the Investigating Officer was also summoned with record. But Mr. Muhammad Rafiq Tarar, J is on summer vacation these days. According to the learned counsel for the petitioner the case has been investigated by S.P. Cantt. personally and he has found the petitioner as innocent.

3. Learned Additional Advocate-General confirms the position and admits that the petitioner has been found innocent in the investigation conducted by S.P. Cantt. Lahore.

In this view of the matter, the petitioner is admitted to interim bail in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of D.R.(J) till 13-9-1986. The petition shall be listed before my learned brother Muhammad Rafiq Tarar, J. on the said date for further orders.

S.A./761/L. Interim bail allowed.

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