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Criminal Bail Application No.963 of 1983, decided on 5th December, 1983.

---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16--Penal Code (XLV of 1860), S.506(2)--Bail--Offence of Zina- Report of incident lodged after nearly one and a half months--Prosecution yet to prove if accused liable for offence of Zina--Accused a woman and having a suckling child--Bail granted.

Sardar Muhammad Ishaq for Applicant.

Muhammad Ibrahim, Additional Advocate-General for the State.

The applicant Mst. Parveen alias Parveen Fatima is involved in Crime No.240/83 of P.S. New Town, Karachi, registered on 18th August, 1983, on a report lodged by Boota Maseeh, alleging that his daguther-in-law Mst. Parveen (the applicant herein) was enticed away by Talib Maseeh on 6th July, 1983. The case was registered for an offence punishable under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and also under section 506(2), P.P.C. She is alleged to have been guilty of Zina with Talib Maseeh. Bail Application filed on her behalf in the Court of IXth Additional Sessions Judge, Karachi, was dismissed by order, dated 10th November, 1983.

The facts pointed out by the learned Advocate for the applicant for consideration, briefly stated, are that the applicant is a woman and her case is covered by the provisions of subsection (1) of section 497, Cr.P.C. and secondly, the report was made after nearly one and half months, and thirdly, she was remanded to Darul Aman on 9th July, 1983, at her request, that she apprehended danger at the hands of her husband and she remained there till she was recovered on 27th August, 1983. On the other hand, the learned A.A.G. has stated that the applicant had illicit connections with. Talib Maseeh and there is evidence to that effect of four witnesses and also that she and Talib Maseeh had secretly embraced Islam and contracted marriage.

The broad facts to be considered for the purpose of grant of bail in this case are that the report of the incident was lodged after nearly one and half months and the applicant had remained in Darul Aman from 9th July, 1983 till 27th August, 1983. In the circumstances, prosecution has to prove that the applicant was liable of the offence of Zina. The other ground for consideration is that she is a woman and it is stated that she has a suckling child. Bail is granted in the sum of Rs.10,000 (Rupees ten thousand only) with one surety to the satisfaction of the trial Judge.

M.Y.H. Bail granted

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