Mst. Najma and Mst. Rehana, the petitioners have sought for post-arrest bail in case F.I.R. No.18, dated 27-1-2003 under sections 10(2)/13/14 of the Offence of Zina (Enforcement of Hudood)
Ordinance (VII of 1979) registered with Police Station Fareed Nagar, District Sahiwal.
2. Briefly that allegation against them as per F.I.R. Is of Zina.
3. It has been contended on their behalf that they have falsely been roped in that petitioner No.1 is minor aged about 14 years, 11 months and 21 days as per her school leaving certificate and petitioner No.2 is married lady; that police have conducted raid on their house without obtaining search warrant which was illegal and. On this score alone their case is covered under subsection
(2) of section 497, Cr.P.C. Requiring further inquiry into their guilt; that they are women; and that they are behind the bars and statedly previous non-convicts:
4. On the other hand, the learned counsel for the State has opposed the petition on the ground that there is evidence of Zina against these women.
5. I have considered the submissions made by the learned counsel for the parties with the help of available record.
6. The petitioners are women. The age of Mst. Najma is statedly 14 years, 11 months and 21 days as per her school leaving certificate. According to the same, her date of birth is 5-2-1988. So, the first proviso to section 497(1), Cr.P.C. Is attracted to their case. They are behind the bars and stated to be previous non-convicts.
7. In these circumstances, the petition is accepted and they are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court.