' Report of the learned Additional Sessions Judge, Kasur has been received. It is not satisfactory and is open to serious legal questions. Learned counsel for the State has also not been able to justify action of the learned Additional Sessions Judge on the legal plain whereby he sent for Mst. Akbari petitioner from jail, put her questions and then used the replies against her while disposing of the bail application moved by her.
' In this view of the matter this will have to be ignored and will not be taken into consideration even by the trial Court.
2. Learned counsel for the petitioner has brought to my notice that though the petitioner was admitted to interim bail by this Court but she could not be released.
3. The allegation leveled against Mst. Akbari petitioner by her son Ais Muhammad is that after the death of her husband she developed illicit intimacy with Nazir Ahmad and later eloped with him after taking away cash and ornaments from the house., It is contended that the petitioner has been involved falsely at the instance of Muhammad Anwar who wanted to marry her and that on her refusal he instigated his nephew to get this case registered. It is stated that it is wrong to say that she had given birth to an illegitimate child. Her husband died in October, 1987 whereas she gave birth to a child in July, 1988. It is further stated that no recovery has been effected from her and she is in jail for the last seven months.
4. Since the petitioner is a woman and has a suckling baby with her in jail the interim to her by this Court on 2-11-1988 is confirmed. She may furnish bail bond to the satisfaction of learned Sessions Judge, Kasur, or A.C./Duty Magistrate, Kasur.