' SYED SAKHI HUSSAIN BOKHARI, J.---The petitioner has applied for post-arrest bail in case F.I.R. No, 166 of 2006, dated 24-6-2006 under sections 10, 11, 13 and 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979, registered at Police Station City; Jhang.
2. As per F.I.R. 13 months before registration of case Muhammad Akram Muhammad Azam, Siraj, Muhammad Hayat, Abid, Muhammad Yar, Sarwar and Mst. Ghulam Fatima (petitioner) took away Mst. Sara Bibi (complainant's daughter) from the house of complainant for committing Zina with her. The case was registered at the instance of Muhammad Ali on 24-6-2006 and petitioner was accordingly arrested in this case. Hence this bail application.
3. I have heard the arguments and perused the record.
4. Learned counsel for the petitioner submits that petitioner is a woman and according to section 2 of Ordinance XIII of 2006, offence is bailable. Further submits that prosecution story does not sound to be natural as according to F.I.R. Muhammad Akram son of Sher Muhammad (co-accused) is maternal uncle of Mst. Sara Bibi. He contended that there is delay of 13 months in lodging the F.I.R.
And the same has not been explained by the complainant, which makes the prosecution story doubtful, therefore, petitioner deserves concession of bail. Learned Additional Advocate-General frankly concedes that according to section 2 of Ordinance XIII of 2006 offence is bailable. There is unexplained delay of 13 months in lodging the F.I.R. And petitioner is entitled to get benefit of the same. According to F.I.R. Muhammad Akram Son of Sher Muhammad (accused) is maternal uncle of Mst. Sara Bibi. The petitioner is a woman and according to learned counsel for the petitioner, she is aged about 70 years. In these circumstances if find it a fit case for grant of bail of the petitioner.
As such application brought by her is accepted and she is allowed bail subject of furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned Trial Court.