The petitioner is charged under sections 16 and 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 380, P.P.C. Vide F.I.R. No,327, dated 28-10-1998 registered at Police' Station Shedani.
2. The allegation against the petitioner is that she eloped with her paramour Allah Wasaya alias Laloo and they have been committing Zina with each other. She is also alleged to have removed certain household articles when she left her husband's house alongwith her paramour.
3. Learned counsel for the petitioner has sought bail, inter alia, on the grounds that the petitioner is carrying a suckling baby in jail for last about 3 months and she is entitled to bail on this score alone; that there is nothing on the file which may tend to prove the allegation of Zina within the meaning of section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979; that a false case has been cooked up against the petitioner. She neither eloped with her paramour nor she stole any household articles from the house of her husband. The F.I.R. is a pack of lies.
4. Learned counsel for the complainant and the learned counsel appearing for the State have opposed the bail petitioner tooth and nail. They have vehemently contended that the petitioner is a harlot. She eloped with her paramour Allah Wasaya alias Laloo and thus committed an offence punishable under section 16 of the said Ordinance which is punishable with 7 years R.I. She also stole certain ornaments and garments from the house of her husband and thus committed an offence under section 380. P.P.C. which too is punishable with 7 years R.I. She had been leading immoral life with her paramour, hence, she does not deserve the concession of bail at this stage.
5. Having given mycareful consideration to the contentions raised by the learned counsel for the parties, I am of the view that there is sufficient material available on the file which may tend to prove the allegtation of section 16 of the Offence of Zina and section 380, P.P.C. against the petitioner. However, keeping in view the fact that she is carrying a suckling baby (an infant daughter), I am inclined to admit her to bail because infant child cannot be adequately looked after in jail and she cannot be punished for the faults and crimes of her mother.
6. I therefore, admit the petitioner to bail in the sum of Rs,50,000 (Fifty thousand rupees) with two sureties in the like amount to the satisfaction of the Trial Court.