Mst. SAJIDA alias SAJO vs THE STATE
This matter concerns a petition for the confirmation of post-arrest bail filed by the petitioner, Mst. Sajida alias Sajo, who was charged under sections 10, 13, and 14 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 in case F.I.R. No. 658 of 2004. The core legal question was whether the petitioner was entitled to bail given the conflicting evidence and the investigation findings. The Court held that the petitioner was entitled to bail, confirming the ad interim bail previously granted. The Court reasoned that the Investigating Officer had declared the petitioner innocent, and the medical evidence contradicted the prosecution's narrative, thereby creating reasonable grounds to believe that the petitioner had been falsely implicated. Consequently, the Court determined that the case fell within the scope of 'further inquiry' and satisfied the criteria under the first proviso to section 497 of the Code of Criminal Procedure 1898, which allows for bail in cases where the guilt of the accused is not prima facie established.
- Does a finding of innocence by the Investigating Officer constitute grounds for granting bail?
- When does a criminal case fall under the category of 'further inquiry' for the purpose of bail?
- Can medical evidence that contradicts the prosecution's story justify the confirmation of bail?
- Does the first proviso to section 497 of the Code of Criminal Procedure 1898 apply to cases where false implication is suspected?
- Section 10, Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979
- Section 13, Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979
- Section 14, Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
' The petitioner is involved in case F.I.R. No,658 of 2004. Which was registered at Police Station, Jaranwala, District Faisalabad on 18-6-2004 under sections 10/13/14 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979.
2. The learned counsel of the petitioner submits that contents of the F.I.R. Do not reveal that the petitioner has committed the offence. He further submits that medical evidence is also supporting the cause of the petitioner and dislodged the contents of the F.I.R. He further submits that Investigating Officer has found the petitioner innocent. He further submits that basically there is a dispute between the petitioner and her husband. He further submits that the petitioner is entitled for bail in view of Proviso I of section 497, Cr.P.C. In support of his contention, he relied upon the following judgments:-- ' Munir Ahmad v. The State 2004 PCr.LJ 314; ' Muhammad Yaqoob v. The State 2004 PCr.LJ 295; ' Shaukat Ali v. The State 2004 YLR 1798.
3. The learned State counsel submits that medical evidence is not in favour of the prosecution and the petitioner is also found innocent by the Investigation Officer in the last Zimni dated 23-10-2004.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. The petitioner has been declared innocent by the Investigation Officer coupled with the fact that the medical evidence is also in favour of the petitioner which contradicts the story of the prosecution, therefore, there are reasonable grounds for believing false implication hence possibility of false implication cannot be ruled out. This fact brings the case of the petitioner under the phrase "further inquiry". In arriving to this conclusion I am fortified by the law laid down in Rehmat Ullah's case 1970 SCM R 299; Mohsin's case 1977 PCr.LJ 159 and Abdul Qadir's case 1980 PCr.LJ 397. The case of the petitioner also falls under Proviso I of section 497, Cr.P.C.
6. In view of what has been discussed above, the ad interim bail already granted to the petitioner is hereby confirmed subject to her furnishing fresh surety bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the trial Court/Duty Judge concerned.
Ad interim .