Mst. NOORAN Versus THE STATE

ORDER

The petitioner, Mst. Nooran, who is involved in a case under sections 10(2) and 16 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979, arising out of F.I.R. No. 210 dated 16-6-1987, registered at Police Station Depalpur, District Okara, seeks to be released on bail.

2. It. has been alleged in the F.I.R. that the petitioner is married to the complainant, Falak Sher, their marriage having taken place about 6/7 years back, and a female child aged about 5 years was born as a result of this wedlock. The petitioner allegedly developed illicit intimacy with the co-accused Abdul Rashid, who lived in the neighbourhood of the complainant's house. About 20 days prior to the registration of the F.I.R., the complainant abruptly came to his house at noon time from the place of his work. He saw the petitioner and Abdul Rashid committing Zina. Both of them asked for pardon. The complainant pardoned them but about 15 days prior to the registration of the case, the petitioner eloped with Abdul Rashid along with the minor child.

3. It has been contended on behalf of the petitioner that; in fact, the complainant himself was of immoral character. He was keeping another woman in his house. On petitioner's objection, he turned her out of his house and she was constrained to live in a separate house which she obtained on rent. The complainant, however, visited her in the said house also. During one such visit, the petitioner asked the complainant to desist from his immoral activities but he started beating her. The alarm raised by her attracted the residents of Mohallah, including Abdul Rashid, to her house. The residents of Mohallah and Abdul Rashid gave beating to the complainant. He got a false case registered against the petitioner and Abdul Rashid.

4. Ordinarily, the offence punishable under section 10 of Ordinance VII of 1979 falls within the prohibitory clause but the petitioner being a female, her case is covered by the proviso to section 497, Cr.P.C.

5. Without prejudice to the merits of the case, the petitioner being a lady, is admitted to bail in the sum of Rs.20,000 (twenty thousand) with one surety, who should be related to her within the prohibited degree, in the like amount to the satisfaction of A.C. Depalpur.

S.G.D./N-100/L Bail allowed.