Mohammad Rafiq Tarrar, J.-A.I Ahmad, Mst. Shamshad Bibi and Mst. Saha Mumtaz petitioners have moved this petition for bail in a case registered against them under Article 10(2), 18, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The FIR version is that Mst. Shamshad Bibi, wife of Abdul Sattar complainant, deserted his house about four months prior to the registration of the case and started living in the house of her father A.I Ahmad petitioner. The complainant asked A.I Ahmad for her restoration but he declined to do so as he was running a brothel in his house. On 6-8-1986 the complainant learnt that zina was being committed in the house of A.I Ahmad, upon which he along with Bashir Ahmad, Muhammad Amin, Farid A.I and Zafar went to his house and found Mst. Safia Mumtaz petitioner and co-accused Muhammad Sharif in one room and Muhammad Abbas and Mst. Shamshad Bibi in the other.
Shalwars of both the women were no* on their persons. Their alleged partners were lying on them in order to commit zina. The complainant and his companions apprehended the petitioners and their co-accused and produced before the police.
3. I have heard the learned counsel for the parties. Perusal of the FIR clearly indicates that the complainant was having strained relations with the petitioners as Mst Shamshad Bibi petitioner had deserted his house and A.I Ahmad petitioner had not acceded to bis request for her restoration. Mst. Safia Mumtaz and Mst. Shamshad Bibi are women. A.I Ahmad petitioner is the husband of Safia Mumtaz and father of Mst. Shamshad Bibi. On inquiry, the learned State counsel submits that co- accused Muhammad Sharif has been admitted to bail by the Additional Sessions Judge. In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioners is made out. I, therefore, admit them to bail in the sum of Rs. 25,000 with one surety each in the like amount to the satisfaction of Assistant Commissioner, Pakpattan Sharif.