KHURRAM vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Khurram, who was charged in connection with an alleged incident of attempted Zina and abduction. The core legal question before the Lahore High Court was whether the petitioner was entitled to the grant of bail, given his contention that he was a minor at the time of the occurrence and that the case fell under the category of further inquiry. The Court, upon reviewing the allegations in the First Information Report, noted that the petitioner and his co-accused allegedly abducted the victim, forcibly took her to a private location, and attempted to commit Zina, causing visible distress and damage to her clothing. While acknowledging the general rule that bail is typically granted in offences not punishable by death or life imprisonment, the Court held that the high-handedness displayed in the broad-daylight incident constituted exceptional circumstances justifying the refusal of bail. Consequently, the Court dismissed the bail petition, affirming that judicial discretion regarding bail must be exercised cautiously in cases involving serious criminal conduct, even where the accused is not an adult.
- Is the grant of bail a rule in offences not punishable by death or imprisonment for life or 10 years?
- Can bail be refused in non-prohibitory offences if exceptional circumstances are present?
- Does the minority of an accused automatically entitle them to the grant of bail in serious criminal cases?
- Section 497, Code of Criminal Procedure 1898
ORDER
' It is contended by the learned counsel for the petitioner that case against the petitioner .Is totally false, that actually Zina has not taken place, that petitioner is not an adult, that maximum sentence which can be awarded to the petitioner is five years and that case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the complainant submits that petitioner was 17 years and nine months of age at the time of occurrence, that he along with two co-accused forcibly abducted the victim Humara Zafar, took her into the Baithak of Shahbaz accused, put off her Shalwar, tried to commit Zina with her and in that process clothes of the victim were torn and on hue and cry her uncle and other witnesses came there, on which accused ran away from the spot.
3. I have heard learned counsel for the parties. It may be correct that accused is not an adult but the perusal of the F.I.R. Shows that great high-handedness in a broad-daylight has been done by the petitioner and his co-accused. To grant bail in offences not punishable with death or imprisonment for life of 10 years is a rule but there are some exceptional circumstances for the refusal of bail to the petitioner, which are present in this case, I am not inclined to grant this discretion in favour of the petitioner. No ground. Dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.