' This is an application for grant of bail to Mst. Rahim Khatoon petitioner in a case under section 10/11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Uch Sharif, vide F.I.R. No, 21/89.
2. The prosecution case is that she eloped with Hashim and therafter committed Zina with her consent.
3. Learned counsel for the petitioner submits that Mst. Rahim Khatoon is a woman and her case falls within proviso to section 497, Cr.P.C. And that she is no more required for investigation. Learned counsel for the State assisted by the learned counsel for the complainant has opposed this application. In the alternative, the learned counsel for the complainant submitted that in case the bail is granted to the petitioner, the surety bond should be executed by a Mehram.
4. I have considered the submissions made by the learned counsel for the arties with care. Mst.
Rahim Khatoon petitioner is a woman and her case falls' within proviso to section 497, Cr.P.C. And that grant of bail in her case is a rule and refusal an exception. I do not see any special reason to deprive her of the;A concession of bail. She is no more required for investigation and concession ofl bail should not be withheld as punishment. I do not feel persuaded to impose any condition as prayed for by the learned counsel for the complainant. It is a matter of common experience that in such like cases, the female accused invariably refuse to be released on bail furnished by a person not of her choice. In some cases the Mehram do not come forward to stand surety for the accused with the result that in spite of order of bail in her favour, the female accused remains in jail. In a number of cases, the similar condition imposed by the Court has virtually frustrated the bail orders.
In case after her release on bail, the petitioner indulges in Zina, she can again be booked for fresh crime.
'For what has been said above, the petitioner is allowed bail in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of Deputy Registrar of this Bench.