1. ' MIS revision petition is directed against an order dated 7-11-1979 passed by the learned Sessions Judge, M'abad, by which Mst. Amrezan Bibi was allowed bail on the condition that she would be released from the custody on the bail of her father. But Mst. Amrezan Bibi petitioner has refused to be released on her father's bail and even does not like to be released on bail of any persons related to her within prohibited degree, as according to her, they are also the partisans of the complainant.
2. The impugned order is challenged on the ground that no such condition could legally be attached to the order of bail. The learned Sessions Judge lost sight of the fact that the father of the accused girl is the complainant on whose report a case was registered by the Police against her under sections 5 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance and section 9 of the Offences Against Property (Enforcement of Hudood) Ordinance, Mst. Amrezan Bibi accused- petitioner 'does not admit herself to have ever been married to Manzoor Hussain for whom the father of the girl is fighting his own daughter. She claims to have lawful entered into marriage with Muhammad Ismail accused. Thus, there are two versions with regard to `Nikah' of Mst. Amrezan Bibi-one been that of the complainant and the second that of the accused. No opinion as respects `Nikah' of either male with Mst. Amrezan Bibi-can legally b expressed at this stage by the High Court. The intention of the Sessions Judge in imposing, condition to release Mst. Amrezan Bibi on the bail o her father seems to prevent the repetition of the offence of adultery but who may be able to say so at this stage when the parties are contestants and the Police appears to have- favoured the version of the complainant party. Thus, it remains to be determined by the trial Court as to who is the real husband of the girl, after due trial of the case according to law. If the `Nikah' of Manzoor Hussain is ultimately not proved with the girl, then would it not amount to sending the girl back to her father so as to be forced to live with the said Manzoor Hussain who man even have sexual intercourse with the girl against her wishes. That being so, it was not proper for the learned Sessions Judge to impose condition on the accused-girl to be released on bail of her father. So the proper course for the Cowl; to take, in the circumstances above, was to enlarge the woman on the surety of her own choice but then her surety ought to have been a pious man of means who would be able to prevent the repetition of the offence of enticing away of the woman with a criminal intent to be alleged to have sexual intercourse with the woman so enticed away. For the repetition of the offences, the Police may again be constrained to adopt a course according to law. Therefore, the surety should be such a person who may not abet repetition of offences.
3. ' It may be noted here that, according to the, report of the Police, some military officers and their men have tried to Jake law in their own bands so as to take away the girl from the Police custody to Military Camp M'abad in aid of a Military personnel accused of offence of enticing away the girl with a criminal intent to have sexual intercourse with her and offence of adultery. This is not a happy state of affairs. Rule of law should be seen' to have been prevailing by all. Nobody should be above law. The extract of the report of the Police has been placed on record, a copy of which will be sent to the Chief of the General Staff, G. H. Q., Rawalpindi for his information and necessary action to be taken in the matter. If circumstances continue to hamper the investigation, the Police may be at liberty to move application for cancellation of the bail granted, in the lower Court.
4. ' In the circumstances enumerated above, the condition imposed by the learned Sessions Judge is deleted but it is ordered that a man of character will stand as her surety to the satisfaction of any Magistrate 1st Class who will be attesting the bail bond to be given for the accused-petitioner, who will be able to protect the chastity of the girl till the determination of the controversy between the parties with regard to `Nikah'. Thus, this revision petition stands disposed of accordingly. accordingly.