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Criminal Revision No.218 of 1983, decided on 5th December,1983.
---S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (V11 of 1979), Ss.10 & 11‑‑Bail‑‑Petitioner (female) directed by Additional Sessions Judge to be released on bail bond furnished by her father‑ Petitioner refused to come out from jail, if her father stood surety for her‑‑Parties (petitioner, father of petitioner and counsel engaged by brother of co‑accused) jointly submitting before High Court for modifi cation of bail order to the extent that some independent person not related to either of parties be allowed to stand surety‑‑Order modified accordingly in circumstances.
Ch. Mahboob Ahmad for Petitioner.
Tasadaq Hussain Jilani, A.A.‑G. alongwith Ata Ullah Khan for the State.
Date of hearing: 5th December, 1983.
Mst. Bashiran, petitioner, is accused of committing Zina with Aslam, her co‑accused, and both of them have been challaned by Dera Rahim Police under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Her application for bail was allowed by Addi tional Sessions Judge, Sahiwal, on 22‑10‑1983 whereby in order to avoid repetition of offence he directed that she would be released on bail on the bail bond furnished by her father. This revision petition has been filed challenging the condition imposed by the learned Additional Sessions Judge in the bail order.
2. Learned counsel for the petitioner submits that by having imposed the said condition the order of bail has been rendered ineffective because the petitioner has refused to come out from jail if her father stands surety for her. He, therefore, submitted that the scope of this order may be enlarged so as to provide a fair chance to the petitioner to avail of the concession of bail granted to her. Learned counsel admits that he has been engaged by brother of Muhammad Aslam, co‑accused of the petitioner. Abdul Ghani, father of the petitioner, is also in attendance today. The parties have jointly submitted that if the impugned order is modified to the extent that some independent person not related to either of the parties is allowed to stand surety for the petitioner they would feel satisfied.
3. In the circumstances, the order of learned Additional Sessions Judge dated 22‑10‑1983 is modified to the extent that the petitioner be released if the surety bond is furnished by an independent person of good repute unrelated either to Muhammad Aslam, co‑accused, or the complainant in this case.
4. The revision petition is allowed to the extent indicated above.
M. A. K. Order accordingly
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