1. Exemption is granted.
2. Applicant Francis, a Christian by faith, who is now converted to Islam and his present name is Muhammad Yaqoob, is detained in Crime No.158 of 1991, Gulbahar Police Station, under section 366, 376, P.P.C. Read with section 16. Of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He applied for bail before the, learned lst Additional Sessions Judge (Central) Karachi, but without success. He has now approached this Court with the same prayer.
I have heard Mr. Abbas Ali; learned counsel-for applicant and Mr. Shaukat H. Zubedi, learned A.A.-G.
For the State. The latter has raised no objection to the grant of bail to applicant.
Admittedly applicant Francis is converted to Islam. Likewise the alleged prosecutrix Mst. Shahnaz wife of complainant Younus Masih was also a christian and she too is a convert to Islam. There is also no dispute that both of them entered into marriage bond after their conversion to Islam. Mr: Abbas Ali, learned counsel for applicant has contended that in view of the case of Mst. Zarina and another v. The State; reported in PLD 1988 FSC 105 and the case of SaIamat Ali and another v; The State; reported in 1989 P Cr. L J 978, the applicant has committed no offence as by conversion to Islam a non-- Muslim lady's earlier marriage with a.Non-Muslim person is automatically dissolved.
Sections 366 and 376, P.P.C. Are no more on the Statute book as they were repealed by section 19 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The only offence with which the applicant is validly charged in section 16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, which is punishable with imprisonment; which- may extend to 7 years, and the same, does not fall within the prohibitory clause of section 497, Cr.P.C.
Without expressing any opinion about the affect of previous, marriage of Mst. Shahnaz with complainant Younus Masih due to conversion to Islam, I am of the view that in the circumstances of the present case where the applicant is charged for an offence not punishable with death, imprisonment for life or with 10 years, he is entitled to the grant of bail. Accordingly, bail is granted to applicant in the sum of Rs.25,000 (Rupees twenty-five thousand only) with P.R. Bond in the like amount to the satisfaction of the trial Court.