Law:

Section:

Criminal Procedure Code (V of 1898)- ----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11---Bail, grant of---Course adopted by Sessions Court in recording evidence and conducting investigation at bail stage was disapproved by High Court---Question whether the Nikahnama of the accused was genuine or not was yet to be gone into by the Trial Court---Fact whether the accused were living as validly married to each other or were living in adultery, itself required further probe---Case of lady accused also attracted the first proviso to S.497(1), Cr.P.C.---Accused were no longer required for the purpose of investigation and bail was not to be withheld by way of premature punishment---Case against accused fell within the ambit of 5.497(2), Cr.P.C. calling for further inquiry into their guilt---Accused were admitted to bail in circumstances. Muhammad Yousaf and another v. The State PLD 1988 FSC 22; Allah Ditta and others v. The State PLD 1989 SC 744 and Shah Gulzam and another v. The State 1989 PCr.LJ 2395 ref. ORDER Malang Shah and Mst. Tahira Batool petitioners are accused persons in case F.I.R. No.323 registered at Police Station City, Mianwali on 24-8-1999 for an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 452/380, P.P.C. The allegation against Malang Shah petitioner No.1 was that he had abducted Mst. Tahira Batool petitioner No.2 on 23-8-1999 with the help of three others. During the investigation Malang Shah as well as Mst. Tahira Batool were found by the local police to be consenting parties and, therefore, the offences under section 452/380, P.P.C were deleted from the F.I.R. and instead section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was added to the F.I.R. As a result of the said conclusion of the local police, Mst. Tahira Batool abductee was transformed into an accused person in this case. Resultantly both the petitioners were arrested by the local police on 3-9-1999. Subsequently their application for post arrest bail was dismissed by the learned Additional Sessions Judge-III, Mianwali on 8-10-1999. Hence, the present petition…