IRFAN IQBAL vs STATE
This matter involves two criminal miscellaneous petitions seeking post-arrest bail arising out of FIR No. 217 of 2005 registered under Sections 16 and 10 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 at Police Station Mitroo, District Vehari. The core legal question is whether the petitioners are entitled to post-arrest bail where the FIR prima facie suggests elopement rather than abduction, the petitioners were declared innocent during investigation, and the alleged abductee remains unrecovered while the petitioners are incarcerated. The Lahore High Court allowed the petitions and admitted the petitioners to post-arrest bail. The court held that prima facie the woman left of her own accord, continued detention would not aid the recovery of the abductee since the petitioners are already in jail, and the facts warranted the grant of bail.
- Whether post-arrest bail should be granted when an FIR prima facie suggests elopement rather than abduction?
- Does the non-recovery of an abductee justify keeping the accused petitioners behind bars indefinitely?
- What is the evidentiary weight of an accused being declared innocent by the investigating officer at the bail stage?
- Sections 16/10, Offence of Zina (Enforcement of Hadood) Ordinance 1979
ORDER
1. Through this single Order I propose to dispose of Crl. Misc. No, 2751-B of 2005 and Crl. Misc. No, 2896 of 2005 as both the petitions arise out of the same FIR.
2. 2.Petitioners in both the cases seek Post Arrest Bail in Case F.I.R. No, 217/2005 dated 3.7.2005 under Sections 16/10 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 registered at Police Station Mitroo District Vehari.
3. 3.Brief facts as narrated in the FIR are that Mst. Fiaz Bibi accused was on visiting terms with the complainant Muhammad Luqman, During this time, she was instrumental in developing illicit relations between the wife of the complainant Mst. Ansar Bibi and Irfan Iqbal petitioner. On 26.6.2005 the said accused Mst. Fiaz Bibi visited the house of the complainant during his absence and arranged a meeting of Mst. Ansar Bibi with Irfan Iqbal. At 11:00 p.m., on the same date, a car stopped at the door of the complainant. On hearing the noise of the car PWs Tariq and Khuda Bakhsh, who were sleeping on the roofs of their houses. They saw Mst. Ansar Bibi sitting in the car wherein Irfan Iqbal, Fiaz Bibi, Muhammad Javaid and Inayat were already present.
4. 4.It is contended by the learned counsel for the petitioners that there is a delay of seven days in the registration of the case; that according to the allegations levelled in the FIR the case is not one of abduction rather is one of elopment; that the petitioners were declared innocent by the Investigating Officer, which was verified by the DSP. However, the learned Magistrate did not agree with the discharge report; that the petitioners are behind the bar since 14.7.2005; that the person of the petitioners is no more required by the police for any further investigation.
5. 5.On the other hand, learned counsel for the State assisted by the learned counsel for the complainant has opposed these applications. However, the state of investigation as alleged by the learned counsel for the petitioner is not denied it is next argued that the abductee has not yet been recovered.
6. 6.I have considered the arguments of the learned counsel for the parties.
7. Bare perusal of the FIR indicates that prima-facie, it appears that Ansar Bibi had left, her house on her own accord, therefore, it cannot be said at this stage that she was abducted by the petitioners. The reasons of her leaving the house are also not available on record. Keeping the petitioners behind the bar would not advance the case of the complainant for the recovery of alleged abductee because definitely she is not in the custody of present petitioners, who are in jail.
7. Under these circumstances, both these applications are allowed. The petitioners are admitted to bail in the sum of Rs, 1,00,000/- (Rupees One Lac only) each with two sureties each in the like amount to the satisfaction of learned trial Court/Illaqa Magistrate.