ALLAH BAKHSH and others vs THE STATE
This petition for pre-arrest bail was filed by petitioner Mst. Haseena in a case registered under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station City, Sadiqabad, District Rahim Yar Khan. The core legal question was whether pre-arrest bail should be confirmed given the petitioner's advanced stage of pregnancy and her alleged role as an abettor rather than a principal offender. The Lahore High Court observed that the petitioner was in an advanced stage of pregnancy, a fact not seriously disputed by the State or complainant, and noted that the allegation against her was limited to abetment of the offense allegedly committed by co-accused Allah Bakhsh. Holding these factors sufficient for relief, the court allowed the petition and confirmed the interim pre-arrest bail previously granted to the petitioner.
- Whether an accused person's advanced stage of pregnancy constitutes a valid ground for confirming pre-arrest bail in a Hudood offense?
- Whether an allegation of abetment rather than principal commission of an offense under the Offence of Zina Ordinance warrants confirmation of pre-arrest bail?
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
ORDER
' Petitioner Mst. Haseena seeks pre-arrest bail in a case registered vide F.I.R. No.85/2004, dated 18- 3-2004 under section 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station City, Sadiqabad District Rahim Yar Khan.
2. At the very outset, learned counsel for the petitioner submits that petitioner is in advanced stage of family way and this is not seriously refuted either by learned counsel for the State or the complainant. Even otherwise, there is allegation of abetment against the petitioner with regard to the commission of the offence allegedly committed by her co-accused namely Allah Bakhsh.
3. In view of the above, this petition is allowed and the interim bail of the petitioner already granted to her vide order dated 31-5-2004 of this Court, is hereby confirmed.