1. The accused-petitioner Mst. Nur Jehan alongwith Janas Khan her co---accused is charged under section 5/10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. They applied for their release on bail in the Court of EA.C.,II, Swabi, who rejected their application. They then filed another application for the said purpose in the Court of Additional Sessions Judge, Sawbi, who vide his order dated 25-6-1985 released Janas Khan, accused on bail on the ground that his confessional statement reveals that the present petitioner Mst. Nur Jehan had come to his house and they got performed Nikah and thereafter spent 5 days as husband and wife, therefore, there remained no evidence at the initial stage to connect Janas accused with the crime. Whereas the present petitioner was refused bail on the ground that she has categorically admitted that she committed Zina with Janas Khan accused for 5 days before their Nikah took place. Hence this application by Nur Jehan accused-petitioner for her release on bail.
2. I have heard the learned counsel for the parties and considered their arguments. The principal accused namely Janas Khan has already been released on bail by the learned Additional Sessions Judge, vide his impugned order and the question as to whether they had remained together for 5 days before or after the Nikah would be determined at the trial, which might take sufficient time and the accused-petitioner being fair sex would suffer long confinement in the judicial lock up, therefore, without, going into the merit of the case, I accept this application and admit the accused-petitioner to bail on furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate.
3. SA./806/P