MUHAMMAD YAQOOB and another-- Petitioners vs THE STATE
The petitioners, Muhammad Yaqoob and Zahoor Ahmad, sought post-arrest bail in respect of F.I.R. No. 116 registered at Police Station Liaquatpur for offences initially under sections 11/10(3), subsequently substituted by section 10(2) of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the petitioners made out a case for further inquiry under subsection (2) of section 497, Code of Criminal Procedure 1898, given the considerable delay in reporting the matter to the police, the deletion of initial heavier charges during investigation, and the finding that certain co-accused including one petitioner were declared innocent. The Lahore High Court held that the allegations against the petitioners required further probe and inquiry. Consequently, the court admitted both petitioners to post-arrest bail subject to furnishing appropriate surety bonds. The key principle laid down is that where police investigation reveals material discrepancies, delay in reporting, and exoneration of co-accused casting doubt on the veracity of allegations, the case falls within the purview of further inquiry warranting the grant of bail.
- Whether delay in reporting the matter to the police justifies granting post-arrest bail under section 497(2) of the Code of Criminal Procedure 1898?
- Does the substitution of charges and finding of innocence of certain co-accused during investigation constitute grounds for further inquiry under the Offences of Zina (Enforcement of Hudood) Ordinance, 1979?
- When are the allegations against an accused considered to require further probe within the ambit of subsection (2) of section 497, Code of Criminal Procedure 1898?
- Section 10(2), Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(3), Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Muhammad Yaqoob son of Muhammad Hussain petitioner through Criminal Miscellaneous No,817/B of 2003 and Zahoor Ahmad son of Muhammad Hussain through Criminal Miscellaneous No,1030/B of 2003 have sought their post-arrest bail in case F.I.R. No,116 registered at Police Station Liaquatpur, for offences under sections 11/10(3) of the Offences of Zina (Enforcement of Hudood)
Ordinance, 1979 on 11-4-2003. During investigation both the offences were deleted and were substituted by section 10(2) of the Ordinance.
2. As both the matters relate to the same F.I.R. And the facts, I decide the same through this single order.
3. Briefly, the relevant facts of the case are that on 5-3-2003 Mst. Hajiran Bibi and Muhammad Shafi on a false pretext made Mst. Rauf Siddiq complainant accompany them. The complainant was taken to the house of Muhammad Yaqoob, where Muhammad Yaqoob-petitioner and Muhammad Riaz allegedly committed Zina with her. It was added in the F.I.R. That thereafter Zahoor Ahmad petitioner abducted the complainant, took her to Sahiwal and kept her there for more than a month. However, the complainant succeeded in returning to her house and after ten days reported the matter to the police..
4. I have heard the learned counsel for the parties and gone through the record. It has been noticed that the matter was not reported to the police for a considerable delay either by Mst. Rauf Siddiq or her parents, that during investigation the allegations levelled in the F.I.R. Were found to be incorrect inasmuch as the status of Mst. Rauf Siddiq was lowered from that of complainant to accused; that Mst. Hajiran, Muhammad Shafi and Muhammad Yaqoob were found to be innocent during investigation. In these circumstances, the allegations against the petitioners need further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C., therefore, the petitioners are admitted to bail, subject to their furnishing bail bonds in the sum of Rs,50,000 (fifty thousand) each, with one surety each, in the like amount to the ptisfaction of the trial Court.