' MUHAMMAD AHSAN BHOON, J.--- The petitioners namely, Ayesha daughter of Mushtaq, Neha daughter of Nazir Ahmad, Komal Gulzar daughter of Gulzar and Asia wife of Abdul Shakoor, daughter of Ghulam Muhammad, seek post-arrest bail in case registered vide F.I.R. No,501 dated 9- 6-2007, offence under sections 371-A and 371-B, P.P.C. With Police Station Township, Lahore.
2. Briefly the prosecution case as per F.I.R. Is that on 9-6-2007 at 4-15 a.m. Sajjad Hussain A.S.-I.
Township, Lahore was present along with police officials at Abdali Road in connection with patrolling when he received call from Telephone No,15 that in Guest House bearing No,382-A-II, Johar Town near Muhammad Ali Chowk, some men and women were committing Zina, whereupon police arrived at the pointed place and found that in a room four male and three females were busy in committing Zina. The names of said persons are mentioned in the F.I.R. Similarly, in another room, three male and two females were also busy in committing Zina. They have also been named in the F.I.R. Moreover, Safdar one of the accused was present on the counter of Guest House who disclosed that he was running the brothel house as Manager in the shape of Guest House on the direction of Muhammad Farooq, owner of guest house. The owner was not apprehended, who fled away from the spot on seeing the police party.
3. Learned counsel for the petitioners contends that although earlier bail petition was dismissed on merit yet statute has provided right to a woman accused to be released on bail under 4th proviso after the amendment in section 497(1), Cr.P.C.; that the trial has not yet commenced; and that delay is not attributable to the petitioners according to the copy of order-sheet placed on record by the learned counsel for the petitioners.
4. On the other hand learned D.P.-G. Has opposed the prayer for grant of bail.
5. After hearing the learned counsel for the parties and going through the 4th proviso of section 497(1), Cr.P.C. Which has been inserted through Ordinance XXXVI of 2007 dated 19-7-2007, reproduced below for facility of reference:-- "Provided further that where a woman accused of an offence is refused bail under the foregoing proviso, she shall be released on bail if she has been detained for a continuous period of six months and whose trial for such offence has not been concluded; unless the Court is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on her behalf."
' The above quoted provision would show that when trial of a woman accused is not concluded within a period of 6 months and delay in trial of the accused has not been occasioned for any act or omission of the accused or anybody or any other person acting on her behalf then it is mandatory for the Court to release the woman accused on bail and right granted under the statute to an accused cannot be denied merely on the ground that the instant case falls within the prohibition contained under subsection(1) of section 497, Cr.P.C.
6. The petitioners were arrested on 9-6-2007 and are behind the bars. Learned counsel for the petitioners has placed on record copy of an order-sheet which shows that neither the copies as required under section 265-C, Cr.P.C. Have been supplied to the accused persons nor charge has been framed till date. In this view the matter, this petition is allowed and petitioners are allowed bail provided they furnish bail bonds in the sum of Rs,50,000 (rupees fifty thousands) each with one surety each in the like amount to the satisfaction of the learned trial Court.