KHIZAR HAYAT, J.- This is a petition for granting pre-arrest bail on behalf of Mst. Shahnaz Bibi, as the police was out to arrest her in case FIR No.386/93 dated 22.8.1993, registered at Police Station Samundri under the provisions of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. She was allowed interim pre-arrest bail by me on 18.9.1993 and the case has come up for final hearing before me today.
2. One Muhammad Rafiq, husband of the petitioner is complainant in the case. According to his FIR, the complainant is employed in Saudi Arabia and has come to Pakistan on leave. During his absence the petitioner developed illicit connection with one Tahir Parvez. On the night between 17/18.8.1993 when he came home late at night, he was amazed to see the petitioner in compromising position with her aforesaid paramour who escaped from the spot when the complainant raised the alarm. Two days later, the petitioner disappeared from the complainant's house and also took away some of his belongings.
3. It is contended on behalf of the petitioner that for husband complainant had maltreated her and threw her out of his house two years ago and also refused to maintain her, therefore, she filed a suit for dissolution of marriage against him which is pending decision before Family Court. It is further contended that due to filing of the said suit her husband turned hostile and has filed the instant FIR against her to force her to go back to him. Learned counsel lays much stress on the point that story narrated in the FIR is improbable because clothes of the alleged paramour of the petitioner were not recovered from the spot. Learned counsel for the State has opposed the petition. On the other hand learned counsel for the complainant states that the petitioner does not deny that she is wife of the complainant and that in these days she resides in the house of her paramour Tahir Parvez and is openly living in adultery with him. It is further stated that even today she has come in the company of Muhammad Rafique who is father of aforesaid Tahir Parvez. Lastly it is submitted that there is no mala fide on the part of the complainant or the police to involve the petitioner falsely, therefore, she does not deserve the relief prayed for.
4. The petitioner admitted before me that she is living in separation fro m her husband/complainant although her father is alive yet she is not living with him. She has not denied that she has come to the Court in the company of Muhammad Rafique, father of aforesaid Tahir Parvez. When asked to call said Rafique in, she went out but did not return. It is informed that she has left with said Rafique.
5. Having considered the facts and circumstances of the case, I find that there is no mala fide on the part of the police or the complainant in registering this case. The petitioner came to the Court in the company of father of her alleged paramour. She has filed a suit for dissolution of marriage against the complainant but she is living in the house of her paramour. This fact strengthens the allegation that she was living in adultery. The police officer who is present with record says that according to his investigations, the petitioner is guilty of committing zina with her paramour Tahir Parvez. In these circumstances, I am of the view that the petitioner being guilty of heinous offence is not entitled to grant of extraordinary concession of bail. Consequently, the order whereby interim prearrest bail was granted to the petitioner, is hereby re-called and the petitioner is hereby dismissed.