1997 PLP 1333 (MLD)

Khawar Masud Tipu for the Complainant Sh. Gul Muhammad for the State. Shahnaz Bibi petitioner sought bail after arrest in case F.I.R. No.9 of 1996 dated 10‑1‑1996 under section 16/11/10, Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 of P.S. Mumtazabad, District Multan registered against the petitioner and Muhammad Shafique.

2. It is alleged in the F.I.R. that Shahnaz Bibi petitioner is a marred woman having two children eloped with Muhammad Shafique co‑accused in the absence of her husband, Ghulam Yasin who was away to Saudi Arabia to earn his livelihood. She was seen in the company of said Shafique by Muhammad Hanif and Muhammad Feroze witnesses who passed this information to her father‑in‑law Allah Bakhsh complainant. She was apprehended on 16‑1‑1996 alongwith her paramour Muhammad Shafique.

3. It was submitted by the learned counsel for the petitioner that none has seen the petitioner leaving the house of her husband with Muhammad Shafique co‑accused and, therefore, prima facie there exists no evidence to make out a case under section 16, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. Further argued that the police failed to collect any evidence direct or otherwise to attract the mischief of section 10(3) ibid. Also argued that petitioner being a lady is entitled to the grant of bail especially when she is being kept in judicial lock‑up and no more required for further investigation.

4. Learned State Counsel and the complainant counsel argued that the petitioner had committed a heinous offence and the offences alleged against her fall within the prohibitory clause of section 497, Cr.P.C.

5. I have heard the learned counsel for the parties and have gone through the record.

6. Admittedly nobody has seen the petitioner committing Zina with her co‑accused. Husband of the petitioner came to Pakistan on 25‑12‑1995 and case was registered on 10‑1‑1996 with an unexplained delay of 7 days. The petitioner was medically examined when her husband was present in Pakistan. No semen was sent to the laboratory for grouping which facility, of course, is available in Pakistan. This fact can validly be considered against the prosecution even at this stage as held in 1987 PCr.LJ

137. The offence under section 16 ibid is punishable with 7 years only which does not fall within the prohibitory clause of section 497, Cr.P.C. The petitioner being a lady is entitled to the grant of bail as envisaged under first proviso to section 497(1), Cr.P.C.

7. For what has been stated above, the petitioner is admitted to bail after arrest provided she furnishes bail bond in the sum of Rs.30,000 with one surety in the like, amount to the satisfaction of Sessions Judge/Trial Judge, Multan. The Trial Judge is directed to complete the trial within a period of 4 months from today. This petition stands disposed of. N.H.Q./S‑39/L ?????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.