' Mst. Kalsoom Bibi, petitioner, has sought her post-arrest bail in a case F.I.R. No: 239 of 2001 registered on 16-5-2001 for offences under sections 11 and 10 (2) and (3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Saddar Pakpattan. Initially the F.I.R. Was registered on the statement of Noor Nabi, for an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Subsequently, the above referred other sections were added.
2. According to the F.I.R., the petitioner was forcibly abducted by Munir Ahmad, Maqbool Ahmad and Shan Ahmad, accused. It was also stated in the F.I.R. That the petitioner was an unmarried girl aged about 15/16 years.
3. During investigation, after her recovery the petitioner fully supported the version of the F.I.R. And implicated the accused, who were named in the F.I.R., but with one twist Fayyaz Maqbool, D.S.P., who was in charge of the Police Station Saddar Pakpattan, turned the status of the petitioner from victim to an accused.
4. On query of the Court, the learned State counsel as well as the police official, who has brought the record, could not show any material on the basis of which the status of the petitioner was reduced from victim/witness to that of an accused.
5. I have heard the learned counsel for the parties and gone through the record. Although the F.I.R.
Was recorded after a delay of two months, the petitioner who was initially a victim and a witness, had supported the version of the F.I.R. The allegation against her that she had committed Zina-bil- Raza is prima facie not borne out from the record of the case. She is a woman and her case is also covered by the First Proviso to section 497, Cr.P.C.
6. For what has been discussed above, I am inclined to accept this petition and grant bail to the petitioner, subject to his tendering bail bonds in the sum of Rs,5,000 with one surety in the like amount to the satisfaction of the trial Court.