' M. BILAL KHAN,J ,---Mst. Razia Bibi daughter of Munawar Hussain seeks post-arrest bail in case F.I.R.
No.328 of 2005, dated 16-9-2005, registered with Police Station Saddar Gojra, District Toba Tek Singh for offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 read with sections 338-G, 109, P.P.C.
2. According to the story as narrated in F.I.R. Lodged by Mst. Zubaida Begum daughter of Munawar Hussain, she was a poor lady and her husband was an invalid; out of her five daughters one was Mst. Razia Bibi, who used to fetch fodder from the fields of the accused; about 5/6 months ago when her aforesaid daughters had gone to the fields of the accused mentioned namely Shahid Ameen son of Muhammad Ameen, Sajid Ameen son of Muhammad Ameen, Munawar Hussain alias Bubble son of Muhammad Anwar were present there they administered some intoxicant to her daughter and committed Zina-bil-Jabar with her; on returning home she informed her mother about the incident. However, since she had no one to rely upon, she went to Munir Ahmad son of Nabi Bakhsh and narrated the incident to him; Munir Ahmed complained to the accused party whereupon the accused party apologized from her and pledged not to indulge in such-like activity in future; her daughter had conceived as a result of Zina. Resultantly the instant F.I.R. Had been recorded.
3. It appears that after registration of the case Mushtaq Bhatti, SubInspector/Investigating Officer 'converted the present petitioner from a victim to an accused and arrested her on 10-4-2006. She is in custody ever since. Her application for post-arrest bail had been turned down by the learned Sessions Judge Toba Tek Singh on 10-6-2006. Hence the instant petition.
4. Admittedly the petitioner is in custody since 10-6-2006. I would not like to go into the merits of the case as also in the allegations levelled in the F.I.R. Suffice to say that in view of the amendment brought about in. Section 497, Cr.P.C. By Act No.XIII of 2006, dated 7-7-2006, the petitioner has, become entitled to the concession of bail.
5. The learned State counsel does not controverted this legal position.
6. Resultantly this petition is allowed and the petitioner is admitted to post-arrest bail subject to her furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Illaqa Magistrate/Duty Magistrate.