TANVIR AHMAD KHAN, J.~- Petitioner through this application has sought post arrest bail in a case registered vide FIR No. 144/97 dated 30.5.1997 under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Allahabad Distt: Kasur for an alleged occurrence stated to have taken place before 6/7 months earlier.
2. The prosecution version in brief in the words of Muhammad Ashraf complainant is that he entered into a marriage contract 9 years earlier with the petitioner and out of this wedlock three children were born. One Muhammad Rafiq used to reside in the neighbourhood who developed illicit liaison with the petitioner. It is alleged in the FIR by the complainant that 6/7 months back he was away in connection with his job and during his absence the petitioner disappeared alongwith Rafiq and other three accused.
3. Bail is sought on the ground that the aforestated FIR has been got recorded as a counterblast to the suit for dissolution of marriage filed by the petitioner on 15.10.1995 which is pending adjudication before Judge Family Court at Lahore. The complainant Muhammad Ashraf according to the learned counsel has given written statement in the said case. There is also delay in the lodging of the FIR.
4. I have considered the contentions. It is not denied that the suit for dissolution of marriage was filed much prior to the registration of the aforestated FIR. It is also not denied that the co-accused Shaukat has been discharged while Muhammad Hussain has already been bailed out. The challan inspite of passage of all this period has not yet been finalized. Keeping all the aforestated case as well as the sex of the petitioner into consideration I am inclined to admit her to bail provided she furnishes bail bonds in the sum of Rs. 50,000/- with to sureties each in the like amount to the satisfaction of the Judicial Magistrate Kasur.