Law:

Section:

Criminal Procedure Code (V of 1898)------S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---Complainant although claimed second marriage with the lady accused, yet he had not attached any Nikahnama to substance his claim---Lady accused had filed a suit for jactitation and the proceedings in the criminal case had been stayed to await the decision in the suit---Relationship of both the accused, prima facie, did not appear to be violative of any penal law, as they claimed to be living as husband and wife---Accused were in confinement for the last about nine months and their trial was not likely to conclude within a reasonable time---Accused were admitted to bail in circumstances. Seerat Hussain Naqvi, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioners. Zubair Khalid, A.A.-G. Punjab for the State. Date of hearing: 6th December, 2005. ORDER KARAMAT NAZIR BHANDARI, J.--- Petitioners, husband and wife, seek leave to appeal from the order of the Lahore High Court, dated 19-10-2005 passed in Criminal Miscellaneous No.705/B of 2005 declining bail to the petitioners. 2. The two petitioners are accused of an offence under sections 10/16, Zina (Enforcement of Hudood) Ordinance, 1979 arising out of F.I.R. No.218 of 2004, dated 24-3-2004 registered at Police Station Sadar, District Jhang. It is alleged by Zafar Abbas the complainant that petitioner No.1 (Mst. Farzana Naheed) was married to him, she was divorced upon which she married one Iqrar Hussain on 13-12-1998. It is asserted that after having her marriage with Iqrar…

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