Through this application Mst. Tabassum petitioner seeks bail in case F.I..R. No.471 registered on 27- 12-2002 under sections 10, 11 and 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 with Police Station Lund Khwar, District Mardan.
2. The petitioner moved applications before Judicial Magistrate/Civil Judge, Takht Bhai and Additional Sessions Judge, Takht Bhai for grant of bail which were declined vide orders dated 20-1- 2003 and 6-2-2003 respectively. The petitioner has approached this Court with the similar prayer.
3. It is said that Farooq Shah complainant married the petitioner about a year and a half prior to the occurrence i.e. 26-12-2002. The complainant, his parents and brothers reside together, in P.1 Kalay, Mardan. On the night of occurrence when the complainant returned back home after closing his shop he found his were Mst. Tabassum and his brother Murad Ali missing from the house. A hectic search was made by the complainant and other inmates of the house for recovery of the petitioner and Murad Ali but all in vain. The complainant is sure that his brother Murad Ali has enticed away the petitioner for the purpose of marriage.
4. Mr. Muhammad Salim Khan, Advocate, in support of the bail application contends, inter alia, that in view of the age of the petitioner the concession of bail should not have been declined and that a compromise has been effected in this case which has made the case of the petitioner arguable for the purpose of bail. In support of the submission my attention has been invited to the School Leaving Certificate of the petitioner where she is shown to have been born on 10-3-1989. The relevant provisions of Juvenile Justice System Ordinance (XXII), 2000 have also been referred in this respect.
5. Mr. Abdul Karim, Advocate learned State Counsel resists the grant of bail on the ground that in view of the gravity of offence the petitioner is not entitled for bail and mere minority of the petitioner, per se, would not constitute a good ground for her release on bail.
6. The crime in-question is alleged to have taken place on 26-12-2002 at 'Sham Vela' and report was made on the following day at 16-00 hours. The petitioner was arrested on 28-12-2002 from the house of one of her relatives in the locality. According to the School Leaving Certificate the petitioner was born on 10-3-1989. Learned counsel for the petitioner contented with justification that keeping in view the relevant provisions of the aforesaid Ordinance, case of the petitioner is triable in a Juvenile Court and plea of age coupled with the factum of compromise, are sufficient for the release of the petitioner. Compromise can be considered as redeeming feature in the grant of bail. Bails are granted in non-compoundable offences on the strength of compromise alone.
Mukhtar Ahmad v. The State 1999 PCr.LJ 11071 Lahore.
7. Case against the petitioner having been found a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C, I accept the application and direct that the petitioner be released on bail provided she furnishes bail bonds in the sum of Rs.100,000 (rupees one lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate.
8. Above are the reasons for my short order of the day.