' In a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, the learned Sessions Judge, Sahiwal, vide his order, dated 13-2-1989 has allowed bail to Mst. Elahi Sain in the sum of Rs,20,000 with one surety in the like amount. Muhammad Bakhsh, father of the accused presented surety bonds but Mst. Elahi Sain refused to be released on the surety furnished by her father. Through this application under section 561-A, Cr.P.C. Muhammad Bakhsh petitioner wants this Court; ' Firstly, to pass order that Mst. Elahi Sain shall only be released on the bail bonds of her father; and ' Secondly, that after her release, her custody be delivered to him.
2. Learned counsel for the petitioner submits that in case Mst. Elahi Sain is released on bail bonds furnished by a person other than her father, the apprehension is that she will indulge in Zina.
3. I have considered the submissions made by the learned counsel with care. I do not agree with him. Mst. Elahi Sain is a sui juris. She cannot be forced to live with her father. By filing surety bonds, the surety does not become entitled to the custody of the accused. In case the accused person is physically delivered to a surety this would tantamount to depriving him/her of his liberty on the pretext of surety bonds. Mst. Elahi Sain has refused to come out from jail on the surety of her father.
If the condition prayed for by the learned counsel is imposed in the instant case, this will render bail order of the learned Sessions Judge as ineffective and nullity.
' Pursuant to the above discussion, the petition is dismissed in limine.