' Mst. Salma, the petitioner has sought for post-arrest bail in case F.I.R. No,347, dated 13-11-2002 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979 registered with. Police Station Daira Din Pannah, District Muzaffargarh.
2. Briefly the prosecution case as per F.I.R. Is that on 12-11-2002 at about 11-15 p.m. She and one Niaz Ahmad were indulged in Zina-bilRaza in Car No,RIK/7676, while Khaliq Hussain was standing at a distance of two Karams therefrom. They all three were apprehended by the complainant Khadim Hussain and his companions Abdul Qayyum and Ghulam Farid.
3. It has been contended on her behalf that she has falsely been roped in; that she has been made scapegoat by the complainant party at the instance of one Muhammad Afzal Hanjra, the brother of District Nazim, Muzaffargarh, who is inimical to her co-accused Niaz Ahmad, Patwari; that she is mother of four children; that she is behind the bars for the last about six months; and that she is previous non-convict.
4. Conversely the learned counsel for the State has opposed the petition on the ground that she is named in the F.I.R.; and that she and Niaz Ahmad, her co-accused were committing Zina.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. She is a woman. She statedly is mother of four children, which has not been disputed by the State's side. Besides than this, she is behind the bars for the last about six months and stated to be previous non-convict.
7. In these circumstances, I am inclined to exercise my discretion in her favor. The petition, therefore, is accepted and she is admitted to bail provided she furnishes bail Bond in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.