MUHAMMAD SALEEM vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Saleem, who was accused in F.I.R. No. 71 of 2004 under sections 10 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The complainant alleged that the petitioner attempted to commit Zina-Bil-Jabr with his daughter, Mst. Azra, while she was traveling. The petitioner, having been denied bail by the Additional Sessions Judge, approached the High Court. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the stage of the proceedings. The Court held that the determination of whether the alleged offence fell under the Zina Ordinance or the bailable provisions of section 354 of the Pakistan Penal Code, 1860, was a matter for the trial court to decide after recording evidence. Observing that the petitioner had no prior criminal record, the investigation was complete, and the challan had been submitted, the Court concluded that continued incarceration served no useful purpose. Consequently, the Court admitted the petitioner to bail, emphasizing that pre-trial detention should not be punitive.
- Does the completion of investigation and submission of the challan constitute a valid ground for granting post-arrest bail?
- Is the determination of the specific offence charged, when disputed, a matter for the trial court to decide after evidence is recorded?
- Can a petitioner be granted bail when the court finds that continued incarceration serves no useful purpose?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 354, Pakistan Penal Code 1860
ORDER
' Muhammad Saleem petitioner seeks after arrest bail in case F.I.R. No.71 of 2004, registered under sections 10 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 with Police Station Ahmad" Yar, District Pakpattan Sharif at the instance of one Falak Sher with the allegation that his daughter Mst. Azra who was married to one Galab Ali and was residing with the complainant was going to see her elder sister when she reached near the fields of Ahmad Yar, the present petitioner caught hold of her and attempted to commit Zina-Bil-Jabr. She raised hue and cry which attracted the owner of the land Ahmad Yar and Barkat Ali. The petitioner was arrested on 22-4-2004 and was declined after arrest bail by the learned Additional Sessions Judge, Arifwala vide order dated 19-5-2004.
2. Learned counsel for the petitioner as well as that of State have been heard exhaustively. Record has been examined.
3. Whether the petitioner has committed an offence under section ,18 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 or under section 354, P.P.C. Which is bailable is to be seen by the learned trial Court after recording of evidence. The petitioner has no previous criminal record. Challan of the case has already been submitted. He is no more required for the purpose of investigation. No useful purpose can be served by keeping him behind the bars for indefinite period. Therefore, he is admitted to bail subject to his furnishing of bail bonds in the sum of Rs.50,000 (fifty thousand rupees only) with one surety in the like amount to the satisfaction of the learned trial Court.