' KARAMAT NAZIR BHANDARI, J.--- Petitioners, husband and wife, seek leave to appeal from the order of the Lahore High Court, dated 19-10-2005 passed in Criminal Miscellaneous No,705/B of 2005 declining bail to the petitioners.
2. The two petitioners are accused of an offence under sections 10/16, Zina (Enforcement of Hudood) Ordinance, 1979 arising out of F.I.R. No,218 of 2004, dated 24-3-2004 registered at Police Station Sadar, District Jhang. It is alleged by Zafar Abbas the complainant that petitioner No,1 (Mst.
Farzana Naheed) was married to him, she was divorced upon which she married one Iqrar Hussain on 13-12-1998. It is asserted that after having her marriage with Iqrar Hussain dissolved through Court the said Farzana married again and started living with the complainant. She thereafter developed illicit relations with Khalid Mahmood petitioner No,2 to whom she claims to have married herself on 1-9-2004. We are informed that the petitioners have been arrested and are in confinement since April, 2005. We are also informed that the trial has not commenced and it seems it is not likely to conclude within a reasonable time. We are also informed that petitioner No,1 has filed a suit for jactitation and the proceeding in the criminal case has been stayed to await the decision in the suit.
3. The complainant although claims second marriage with the petitioner No,1 on 16-8-2002 but has not attached any Nikahnama to substantiate the claim. It is very rare that a divorced woman is retaken in marriage. Prima facie it does not seem to be a case where the petitioners' relationship can be said to be violative of any penal law as they claim to be living as husband and wife. The trial has been adjourned sine die to await the decision of the suit.
' In the circumstances, this petition is converted into appeal and the same is allowed. Petitioners are directed to be released on bail subject to their furnishing bonds in the sum of Rs,25,000 each with one surety each in the like amount, to the satisfaction of trial Court.