Mst. NAZIRAN vs THE STATE

This matter concerns a petition for post-arrest bail filed by Mst. Naziran, who was charged under Section 16 and Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, following allegations of bigamy (remarrying while in an existing marriage). The core legal question before the Lahore High Court was whether the petitioner, a woman, was entitled to the concession of bail under the statutory provisions governing criminal procedure. Upon reviewing the record and noting that the investigation had been completed and the petitioner was incarcerated, the Court held that the petitioner was entitled to the relief sought. The Court granted post-arrest bail, emphasizing the statutory protection afforded to women under the criminal justice system. The key principle laid down is that under the proviso to subsection (1) of Section 497 of the Code of Criminal Procedure 1898, women are generally entitled to the concession of bail, even in cases involving serious allegations, provided the circumstances of the case and the status of the accused warrant such judicial discretion.