VICKRAM alias VICKY vs THE STATE
This is an application for post-arrest bail arising out of F.I.R. No.245 of 2004 registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Green Town Lahore. The core legal question concerns whether the petitioner was entitled to post-arrest bail considering the inordinate delay in lodging the F.I.R., the non-recovery of the alleged abductee from the petitioner's possession, and the fact that the petitioner was found prima facie innocent during investigation and placed in Column No.2 of the challan. The Lahore High Court accepted the application and held that the petitioner is entitled to bail, laying down the principle that where an accused is found innocent during investigation and placed in Column No.2, and where there is delay in the F.I.R. coupled with the absence of recovery from the accused, a case for further inquiry is made out under the law.
- Whether delay in lodging the F.I.R. and non-recovery of the abductee from the accused justifies the grant of post-arrest bail?
- Does placement of an accused in Column No.2 of the challan as prima facie innocent form a ground for bail?
- Is the petitioner entitled to post-arrest bail when no incriminating material is found on record?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. ' This is an application for grant of post-arrest bail in case F.I.R. No.245 of 2004 registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Green Town Lahore.
2. ' Briefly the prosecution case as disclosed by the complainant Aziz Din that his daughter Mst. Tahira Parveen disappeared from his house at about 3-00 p.m. On 14-4-2004. Upon inquiry it transpired that daughter of the complainant has been abducted by the petitioner. The F.I.R. Was lodged on 8- 5-2004.
3. It is contended by the learned counsel for the petitioner that the occurrence took place on 14-4- 2004 and that the F.I.R. Was lodged with an inordinate delay on 8-5-2004. He also contends that alleged abductee was not recovered from the possession of the petitioner. In fact she was recovered from Sadiq alias Javed who is a Rickshaw Driver. It is further submitted by the learned counsel for the petitioner that neither the alleged abductee has incriminated the petitioner nor there is any material on the record to involve the petitioner.
4. ' On the other hand, the learned State counsel submits that during the investigation the petitioner has been found prima facie innocent and he has been challaned in Column NO.2.
5. In view of the foregoing the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.