' Petitioners seeks pre-arrest bail in a case registered vide F.I.R. No.62 of 2004, dated 5-3-2004 under sections 16/10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 at Police Station City Sadiqabad, District Rahim Yar Khan.
2. At the very out-set, learned counsel for the petitioners submits that petitioner No.2 is in advanced stage of family way. This is not seriously refuted either by the learned counsel for State or the complainant. However, with regard to petitioner No.
1. Mst. Kousar, it is stated that she was a consenting party to Zina with her co-accused Sana Ullah but at the same time, it is conceded that her suit for Jactitation of marriage is still pending adjudication against the complainant and it was seriously alleged by her that he (complainant) had forcibly abducted her and she was subjected to rape by him. This being so, this appears to be a case of cross-version. In addition to it, petitioners are daughter and mother and their detention would not be of any use to the prosecution at this stage particularly when it is undertaken by learned counsel for the petitioners that no contract with Muhammad Akram claiming to be the husband of petitioner No.1 would be made during the pendency of the suit for jactitation of marriage instituted against the complainant.
3. For what has been stated above, interim bail already granted to the petitioners vide order dated 31-5-2004 of this Court, is hereby confirmed by allowing this petition.