MUHAMMAD MALIK Versus THE STATE

ORDER

The petitioners have been arrested in pursuance of a case registered against them under section 5/10 Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. dated 16-9-1987.

2. The allegations, as contained in the F.I.R., against the petitioners arc that petitioner No. 2 Mst. Alam Bibi is a widow and she had developed illicit relations with petitioner No. 1 Muhammad Malik. It is further contained that on the day of registration of the case, the first informant alongwith some others went towards the house of petitioner No. 2 at about 10/11 p.m. The door of the house was bolted from inside and when they peeped through the door, they saw the petitioners committing the zina. The witnesses started knocking at the door, whereupon petitioner No. 1 ran towards the roof of the house from the stairs, and petitioner No. 2 also followed him. Ultimately, the door was opened' by Mst. Alam Bibi and both the petitioners admitted that they were committing Zina and asked for pardon.

3. It is contended by learned counsel for the petitioners that petitioner No. 2 Mst. Alam Bibi was released on bail by the learned Sessions Judge, on 7-11-1987. Later on, petitioner No. 1 Muhammad Malik also filed an application for the grant of bail on the ground that he had contracted marriage with Mst. Alam Bibi, his co-accused, even prior to the registration of the case. Learned Sessions Judge held that the petitioner No. 2 Mst. Alam Bibi has misused the concession of bail, therefore, her bail was also recalled. Learned counsel for the petitioners contends that the petitioners are married. Submits that even otherwise also both the petitioners are of more than 50 years of age, therefore, they cannot be expected to indulge in such like activities. .

4. I have heard the learned counsel and perused the file. The Nikahnama of the petitioners is annexed with the application. It is yet to be seen whether the same is genuine or not. In these circumstances, it becomes a case of lufther inquiry. Therefore, the petitioners are released on bail provided they furnish security in the sum of Rs. 25,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sialkot.

SA./M-748/L. Bail allowed,