1998 P Cr (PLP)

Mst. Afshan Bibi v. State 1998 SCMR 6 ref. Maher Tanweer Ahmad Jangla Advocate. Petitioner in person. This revision petition under section 435/439 read with section 561-A, Cr.P.C. has been directed against the order dated 5-9-1997 passed by Additional Sessions Judge, Muzaffargarh whereby he imposed certain conditions to the order dated 26-8-1997, admitting the petitioner to bail in the sum of Rs.45,000 with one surety in the like amount in case F. I. R. No. 187 of 1997 registered on 16-6-1997 under section 16 of the offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979 at Police Station Khangarh, District Muzaffargarh.

2. When the bail bonds were submitted by Muhammad Yar, maternal- uncle of the petitioner, the prosecution raised objection and the bail granting order aforementioned was modified vide the impugned order dated 5-9-997 imposing a condition that only father of the petitioner was allowed to submit the bail bonds.

3. Feeling aggrieved the petitioner has preferred this revision petition against the said order. Reliance has been placed on Mst. Afshan Bibi v. State 1998 SCMR

6. In the cited case the bail was granted to the accused with a condition that the accused be released on furnishing bail bonds by her father and subsequently the application for removal of the condition was dismissed by the Honourable Lahore High Court, Lahore. The leave to appeal was moved before the Honourable Supreme Court and the same was disposed of with the observations as follows:-- "Learned counsel appearing on behalf of the State is unable to point out any case-law to show that the High Court is authorized to impose condition on the release of the petitioner on bail. It is well-settled that the accused person can be released on bail on the strength of surety to be provided by his/her. Learned counsel has also stated that the petitioner has expressed her desire to be lodged in local Darul Aman. She also apprehends danger at the hands of her father. This being so, we modify the aforesaid bail granting order and say that the petitioner shall be released on furnishing surety of her choice in the same amount as directed by the High Court. With the above modification this petition is converted into appeal and allowed.

4. In view of the law laid down as above, it is clear that the trial Judge has committed illegality while imposing the aforementioned condition on the bail bonds. I have summoned the petitioner from Jail and have also heard Muhammad Yar who has submitted the bail bonds for release of the petitioner. He states that the mother of the petitioner is her real mother's sister's daughter and when he had a meeting with the petitioner in jail, she requested him to submit the bail bonds and for that reason he being closely related with her, had offered to get her released. He is a person aged about 60 years and being closely related to the petitioner is found, otherwise, fit for submission of the bail bonds.

5. In view of the above discussion the impugned order dated 5-9-1997 is held as illegal and not sustainable under the law. Consequentially, the impugned order is set aside and the petitioner is allowed to submit the bail bonds for providing the surety of her choice in compliance with the order dated 26-8-1997. N.H.Q./K-44/L Revision petition allowed.