' The petitioners seek confirmation of their ad interim pre-arrest bail in case F.I.R. No,28 registered at Police Station, Ahmed Yar, District Pakpattan Sharif on 19-3-2002 for an offence under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2, According to the F.I.R. Mst. Meraj Bibi petitioner was married with one Muhammad Riaz son of Niaz and during the persistence of marriage Khadim Hussain petitioner developed relationship with Mst.
Meraj Bibi. It is further stated in the F.I.R. That subsequently, Khadim Hussain abducted Mst. Meraj Bibi and she was seen in the company of the accused by the P.Ws.
3. I have heard the learned counsel for the parties and have also perused the record. It has been admitted that the petitioners have joined the investigation. The petitioner Khadim Hussain and Mst.
Meraj Bibi claim to be husband and wife while Shahid accused is younger brother of Khadim Hussain petitioner. The claim of the petitioners is based on Nikahnama according to which Khadim Hussain and Mst. Meraj Bibi married each other after obtaining divorce from ex-husband Muhammad Riaz. The allegations as levelled in the F.I.R. Need further probe and inquiry. Except for the admission of Nikah of the petitioners Khadim Hussain and Mst. Meraj Bibi there is no evidence available on record to show that the petitioners were committing Zina.
4. For what has been discussed above I am inclined to confirm the ad interim bail already granted to the petitioners subject to their furnishing fresh bail Bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.
Ad interim pre-arrest .