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Criminal Miscellaneous No.1355 of 1986, decided on 28th September, 1986.
‑‑‑S.497(5)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2) & 16‑‑Bail, cancellation of‑‑Respondent allegedly a consenting party to the offence of Zina and consequently conceiving pregnancy‑‑Respondent a woman and bail granted to her by a Court of competent jurisdiction‑‑Respondent also contending to have conceived pregnancy as a result of cohabitation by her husband‑‑Matter, held, called for further inquiry in circumstances‑‑Cancellation of bail declined.
Malik Muhammad Aslam for Petitioner.
Date of hearing: 28th September, 1986.
This is an application for cancellation of bail granted by Additional Sessions Judge. Bahawalpur to Mst. Shameem Mai, in case under sections 16,10(2) Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Abbasnagar, vide F.I.R.No.78/86.
2. The prosecution case is that the petitioner committed Zina with her consent with Abdul Hameed co‑accused and conceived pregnancy.
3. The learned counsel for the petitioner submits that since the petitioner had conceived pregnancy through, Zira with Abdul Hameed co‑accused, therefore, she is not entitled to the concession of bail; that the police has collected evidence which prima facie supports the allegations against the petitioner and that in case she remains on bail she may commit Zina with Abdul Hameed.
4. I have considered the submissions made by the learned counsel for the petitioner. I have not been able to persuade myself to agree with him. I find that petitioner being a woman her case falls within second proviso to section 497 Cr. P. C . ; that the bail has been granted to her by a Court of competent jurisdiction, that the learned Court has given reasons in support of its order, that the considerations for the grant of bail and cancellation thereof are altogether different; that Mst. Shameem Mai claims that she had conceived pregnancy as a result of intercourse by the petitioner with her husband and that in the circumstances of the case, matter requires further inquiry.
5. For what has been said above, it is not a fit case for cancellation of bail. Dismissed.
S. Q./M‑53/L Petition dismissed.
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