MST. MANZOOR BIBI AND MANZOORAN Versus THE STATE

ORDER

This is an application for bail on behalf of Mst. Manzooran/ Manzoor Bibi in case under sections 10 and 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979 registered at Police Station Saddar, Multan vide F.I.R. No.263/85 dated 28‑5‑1985.

2. The prosecution case is that Muhammad Shafi and others abducted Mst. Manzooran Bibi in order to subject her to illicit intercourse and thereby Mst. Manzooran has been committing Zina with Muhammad Shafi of her own.

3. The learned counsel submits that the petitioner being a woman her case falls within proviso 497 Cr.P.C. On the other hand the learned counsel for the State assisted by the learned counsel for the complainant has opposed the plea for the bail of the petitioner on the ground that there are reasonable grounds to believe that she has been committing Zina with Muhammad Shaft. Learned counsel for the complainant has requested that in case of grant of bail she may be released on the bail bonds furnished by her father alone.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that the petitioner is a woman; that she is in jail and no more required for investigation; that in her case grant of bail is a rule and refusal an exception that in the instant case I do not see any exceptional circumstances to refuse the concession of bail to her. As for the request made by the learned counsel for the complainant that she be released on the bail bonds furnished by her father alone, I feel that in the circumstances of the case when the father is siding with the complainant of the case it would not be proper to impose this condition because the petitioner may not wish to be released on the surety bonds furnished by her father. An accused person has a right to furnish surety of his own choice and under the law he cannot be compelled to produce particular person as his surety.

5. For what has been stated above, the petitioner is allowed bat in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Duty Magistrate, Multan.

M.Y.H./M‑521/L Bail granted.