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Criminal Bail Application No.1701 of 1986, decided on 1st December, 1986.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10‑‑Bail, grant of‑‑Investigation commenced allegedly on complaint of applicant, charging her co‑accused for offence of Zina but applicant denying to have ever made such complaint‑‑Applicant a woman and in custody for over nine months, allowed bail in circumstances.
Sardar Muhammad Ishaq for Applicant.
A.A. Mohammadally, Addl.‑A . G . for the State.
It is alleged that complainant Ghulam Mustafa on receiving an application from the present applicant investigated the matter and came to the conclusion that the present applicant was a married woman and she was having bad reputation on account of which her husband had left her. Thereafter the present applicant developed illicit relations with co‑accused Aftab of the locality. She became pregnant. Aftab contacted Dr. Muhammad Akram for abortion but the doctor refused to do abortion. The applicant was arrested on 29‑3‑1986 under section 10 Zina Hudood Ordinance, 1979. Investigation is complete and the challan has been submitted.
According to the learned counsel, the applicant was examined by a doctor and he found that she was not pregnant.
Without entering into the factual controversy the fact remains that the applicant is in custody since the date of her arrest and she being a woman her further detention in prison would be detrimental.
The learned counsel has also pressed the bail application on the ground that she is a woman. He has further stated that the applicant has not sent any application to the authorities against the co‑accused or any body else, therefore, the question of investigation in this case does not arise at all.
As the matter requires further enquiry the applicant is admitted) to bail if she furnishes surety in the sum of Rs.15,000 (Rupees fifteen thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
S. G. D. Bail allowed.
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