1. Mst. Shamim Akhtar applicant in this case is facing trial for offence under section 10(2)(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in the Court of IIIrd Additional Sessions Judge, Karachi (South). She, alongwith, co-accused Iftikhar Ahmad Khan, was sent up for trial on the investigation of F.I.R. No. 369/90 registered at Police Station Artillery Maidan, Karachi. The complaint in this case was made by Syed Miskeen Shah, who is the father of the applicant. Syed Miskeen, father of the present applicant, had earlier filed a complaint being Crime No. 250/87 registered at Police Station Mahmoodabad, Karachi, wherein he had alleged that the co-accused Iftikhar Ahmad in this case with the assistance of others, had abducted his daughter Shamim Akhtar. The Police on investigation of that crime had filed a challan showing the present applicant to be a witness in that case.
2. Syed Miskeen Shah, the father of the applicant, has been throughout contending that applicant Shamim Akhtar is the married were of Syed Shabbir Hussain Shah, his nephew.
3. On 29-6-1990 Syed Miskeen Shah went to Police Station Artillery Maidan at about 6.30 p.m. And lodged another report. The report was registered as Crime No. 369/90 of that police station and was recorded under section 16 of the Zina Ordinance. This bail application arises from the last mentioned case sent up for trial as the result of investigation of the Crime No. 369/90 of P.S. Artillery Maidan.
4. Mr Jawaid Musarrat, Advocate appearing for the applicant, has referred to the F.I.R. Itself, which clearly discloses that Mst. Shamim Akhtar got lost while shopping in Saddar Bazar and disappeared.
5. 'Suspicion 'was shown in respect of co-accused Iftikhar Ahmad that he might have abducted her with the intention to commit Zina. He further contended that the applicant has withdrawn the suit filed earlier against the co-accused. He also contended that the applicant is carrying a child and the Chief Medial Officer, Central Prison, has certified it to be her first pregnancy. She, according to that certificate, is pregnant for the last 7-1/2 months at an advanced stage of pregnancy.
6. Mr. Gul Zaman Khan, Advocate appearing for the complainant has taken different factual grounds for opposing this bail application.
7. Mr. Shaukat Zubedi, A.A.G., Sindh, while opposing the bail to the present accused on merits, has stated that the bail application can be considered on the grounds of pregnancy of the applicant.
8. Since the applicant is at an advanced stage of pregnancy, I am inclined to grant her bail. She shall be released on bail pending her trial in the case on her furnishing one solvent surety in the sum of Rs. 200,000 (Rupees two lacs only) and P.R. Bond in the like amount to the satisfaction of the trial Court.