' The petitioners are accused in case F.I.R. No,223 of 1996, dated 27-5-1996, under section 10(2)/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, registered at Police Station City Arifwala, District Pakpattan Sharif.
2. According to F.I.R. Mst. Noor Bibi was married to Shakoor, who due to some matrimonial dispute had come over to her father's house and was living there when she was taken away by Ghulam Nabi.
3. The petitioners were arrested and applied for grant of bail to them.
4. Learned counsel for the petitioners submitted that Mst. Noor Bibi was married to Shakoor, but she was divorced by her husband, whereafter she started living with her parents and during that period, it transpired that said Shakoor had died where after the petitioners contracted marriage with one another and thus had committed no offence under the circumstances. It was also claimed that Shakoor had never come forward to claim Mst. Noor Bibi as his wife. It was also contended that petitioner No,1 was aged about 69 years and there was thus no possibility of fornication between the petitioners. Learned counsel for the State assisted by the learned counsel for the complainant opposed grant of bail to the petitioners and submitted that Abdul Shakoor had not pronounced divorce upon Mst. Noor Bibi and this was a false plea being taken by the present petitioners.
5. Petitioner No,1 according to copy of identity card placed on record is aged about 69 years and under the circumstances can be considered an old person. He is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs,30,000 (Rupees thirty thousands) with one surety in the like amount to the satisfaction of trial Court.
6. Mst. Noor Bibi being female is also entitled to grant of bail, but since two persons claim to be her husbands, it would not be desirable to enlarge her on bail without any condition. Learned counsel for the parties have stated that they would have no objection for release of Mst. Noor Bibi on bail provided the bail bonds are submitted by a person, who is related to her within the prohibitory degree. Mst. Noor Bibi shall be released from custody subject to her furnishing bail bonds in the sum of Rs,30,000 (Rupees thirty thousands) with one surety in the like amount to the satisfaction of trial Court. The sureties should be father of Mst. Noor Bibi, or any person related to her within the prohibitory degree, if the father does not come forward to submit bail bonds.