This is an application for the grant of bail moved on behalf of Mst. Nasreen Zahida, who is accused of having committed an offence under section 10 of the Offence of Zina (Enforcement of Hadood)
Ordinance, 1979.
2. Muhammad Rafiq lodged a report at Police Station Kamoke on 17-10-1985, alleging that the petitioner was his wife and out of their wedlock two children aged 4 years and 2} years were born. He further alleged that the petitioner cultivated illicit connection with Giyan Chand alias Asif, her co-accused and she having deserted his house, started living with Giyan Chand alias Asif some two years before'the registration of this case. He further alleged that she filed a suit for dissolution of marriage against him on 5-11-1984 and when she appeared in the Family Court on 4-9-1985 she had a child aged 1} months with her which showed that the child was illegitimate and she was guilty of committing Zina with Giyan Chand alias Asif. The petitioner was arrested on 28-10-1985 and challaned to Court alongwith her paramour. It is submitted that co- accused Giyan Chand alias Asif has since been released on bail but the same relief has been declined to the petitioner.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. It is admitted before me that the petitioner was arrested from the house of her parents on 28-10-1985. Learned counsel appearing on behalf of the petitioner showed me petitioner's statement, dated 4-9-1985 made by her in the Family Court wherein she stated that the complainant (her husband, visited her in the house of her parents where he shared her bed and, therefore, she had conceived and gave birth to a child and that the child was not illegitimate.
5. The petitioner is in jail for about one year and trial has not yet concluded. Furthermore, it remains to be established if the child born to her was the result of Zina or was born from the seed of complainant (her husband). In the circumstances I.Am inclined to allow this petition. The petitioner be released on bail subject to her furnishing bail bon in the sum of Rs.10.000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate Gujranwala.
S.A. .