1. ORDERRashid Aziz Khan, J.- Petitioner Mst. Shamim alias Aashce has applied for bail in a case registered against her and some others with Police Station Sanaa, Lahore for an offence under sections 13/14 & 18 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979, vide FIR dated 12.3.1989. The allegations as contained in the FIR, arc that the first informant Niamat Ali, AS1, received information that the petitioner was running a brothel house. She had kept a boy by the name of Riaz who brought men to the said house for purposes of commission of Zina. In pursuance of the said information, a raiding party was constituted which raided the premises, where the petitioner along with one Riaz was sitting in the court-yard. In a room there were two cots on which the co- accused of the petitioner were sitting and were preparing for the commission of zina.
2. It is contended by learned counsel for the petitioner that there is no evidence which could indicate that the petitioner was running a brothel house. Submits that at the time of commission of the offence, the petitioner was sitting in the court-yard, therefore, she cannot be held responsible for what was happening inside the room. Contens that the allegation that in one room two different men were found with two women naked, preparing for the commission of zina is most unnatural.
3. The contentions have been opposed by learned counsel for the State.
2. I have heard the learned counsel and perused the record. The allegation against the petitioner is that slm was running a brothel house, but so far there is no evidence on the file which could lend support to this assertion. There is no allegation that the two men who were found in the house so raided, had paid any money to the petitioner for the purposes of commission of zina with two other women, who were also co-accused. At the time of raid no money was recovered from the possession of the petitioner.
4. In these circumstances, I feel it is a case of further inquiry, therefore, she is allowed bail provided she furnishes security in the sum of Rs.25,000/- with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.