MUHAMMAD WARIS and another vs THE STATE
This matter concerns a post-arrest bail application filed by two petitioners, Muhammad Waris and Azhar, who were charged under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, following an F.I.R. alleging Zina-bil-Jabr. The core legal question was whether the petitioners were entitled to bail given the evidentiary status of the prosecution's case. During the proceedings, the complainant, Mst. Kalsoom Bibi, appeared in person and submitted an affidavit stating she had not seen the accused at the time of the occurrence and had named them due to a misunderstanding. Furthermore, the two prosecution witnesses, Liaqat Ali and Muhammad Ashraf, also filed affidavits stating they had no knowledge of the occurrence. The Court held that the retraction of the complainant and the eye-witnesses through their affidavits created a situation of further inquiry into the guilt of the petitioners. Consequently, the Court accepted the bail application, ruling that the case against the petitioners required further investigation, thereby entitling them to the concession of bail.
- Does the retraction of the complainant and eye-witnesses through affidavits constitute grounds for further inquiry in a bail application?
- Are petitioners entitled to post-arrest bail when the complainant denies witnessing the alleged offence?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Muhammad Waris and Azhar'petitioners seek bail 'after arrest in case F.I.R. No.38 of 2003 registered on 7-2-2003 in Police Station Bhagtanwala, District Sargodha uner section 10 of the Offence of Zina '(Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. Was lodged by Mst. Kalsoom Bibi alleging that on the night between 5/6-2-2003 Azhar accused had .Trespassed into the room where she was sleeping, forcibly took her at -pistol point to her "Baithak" where Muhanimad Waris co-accused was also present. Muhammad Azhar Pathan, the petitioner asked his co-accused to keep watch and he himself closed the door of the "Baithak" from inside and started committing Zina-bil-Jabr with her. On hearing the noise, Liaqat Ali and Muhammad Ashraf P.Ws. Reached there and pushed the door open. On seeing them, the accused fled away. Hence the matter was reported to the police.
3. Arguments have been heard and record perused,
4. At the time of argument on this bail application, Mst. Kalsoom Bibi appeared before this Court in person and filed an affidavit to the effect that she had not seen Azhar and Waris accused at the time of occurrence and that she had mentioned their names in the F.I.R. On account of some misunderstanding. Liaqat Ali and Muhammad Ashraf P.Ws, also appeared before this Court in person. They supported the contents of their affidavit, copies of which are appended with this petition and wherein they had expressed ignorance about this occurrence.
5. The affidavit of Mst. Kalsoom Bibi the alleged victim and of the eye-witnesses namely Liaqat Ali and Muhammad Ashraf clearly make it a case of further inquiry into the guilt of the petitioners.
Hence the bail application is accepted and both the petitioners namely Muhammad Waris and Azhar are admitted to bail in the sum of Rs.50,000, with one surety each in the like amount to the satisfaction of learned trial Court.