SAJID ALI vs THE STATE
The petitioner sought post-arrest bail in a case registered under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and the Pakistan Penal Code, 1860, following allegations of Zina-bil-Jabr. The prosecution alleged that the accused committed the offense against the complainant's sister, with the incident purportedly witnessed by two individuals. The defense highlighted significant delays in reporting the incident, noting the F.I.R. was registered approximately one and a half to two months after the alleged occurrence. Furthermore, the medical examination of the victim revealed a pregnancy of seven months, creating a discrepancy with the timeline of the alleged incident. The Court observed that while a deep appreciation of evidence is impermissible at the bail stage, the circumstances warranted a tentative assessment. Finding that the case against the petitioner required further inquiry, the Court held that the petitioner was entitled to the concession of bail. Consequently, the bail application was accepted, and the petitioner was admitted to bail subject to furnishing surety bonds to the satisfaction of the trial court.
- Does a significant delay in the registration of an F.I.R. constitute grounds for further inquiry in a bail application?
- Is a case of Zina-bil-Jabr open to further inquiry when the medical evidence regarding pregnancy contradicts the timeline of the alleged occurrence?
- Can a court grant bail on the basis of a tentative assessment of evidence when the prosecution's case appears questionable?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 7, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 338-A, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' RUSTAM ALI MALIK, J.---The petitioner seeks bail after arrest in case F.I.R. No.105 of 2005 registered on 13-3-2005 in Police Station Malikwal, District Mandi Bahauddin under section 10/7/79 Offence of Zina (Enforcement of Hadood) Ordinance, 1979 and sections 338-A/ 511/ 109, P.P.C.
2. The F.I.R. Was lodged by Allah Ditta complainant alleging therein that Muhammad Sajjad accused had committed Zina-bil-Jabr with his sister Mst. Shakila Bibi while she had gone out of the village to ease herself.
3. According to the prosecution story, the occurrence was witnessed by Muhammad Fazal and Faiz Muhammad P.W. And on seeing them the accused had allegedly fled away. It is surprising that neither they nor the victim herself had informed the complainant at the relevant time. According to the contents of the F.I.R., the occurrence had taken place 1-1/2 or 2 months before the registration of the F.I.R. The alleged victim was medically examined on 1-4-2005 and the woman Medical Officer found her pregnancy as old as seven months. Although deeper appreciation of evidence is not possible at the bail stage, yet, even on tentative assessment, it is clearly a case of further inquiry into the guilt of the petitioner and he is thus entitled to the concession of bail. Therefore, this bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000, with one surety in the like amount, to the satisfaction of the learned trial Court. . 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.
Cited by 1 case
- NIAT BAIG vs The STATE 2018 MLD 378