IRSHAD HUSSAIN vs THE STATE
This matter comes before the Lahore High Court through a petition filed by Irshad Hussain seeking post-arrest bail in case F.I.R. No. 84 of 2004 dated 29-4-2004 registered under Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Taunsa Sharif, District D.G. Khan. The core legal question concerns the entitlement of the accused to post-arrest bail where the alleged offence of attempting to commit Zina with his sister-in-law does not fall within the prohibitory clause of the relevant law. The court held that without commenting on the merits of the case, the petitioner is entitled to bail as the charged offence does not attract the prohibitory clause. The key principle laid down is that bail should generally be granted as a rule in offences not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure.
- Whether an accused charged under Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 is entitled to post-arrest bail when the offence does not fall within the prohibitory clause?
- Can bail be granted without making comments on the merits of the case?
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' M.A. SHAHID SIDDIQUI, J.--- Irshad Hussain, petitioner, through this petition, seeks post-arrest bail in case F.I.R. No,84 of 2004 dated 29-4-2004 under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 registered with Police Station Taunsa Sharif, District D.G. Khan.
2. The petitioner is alleged to have attempted to commit Zina with his sister-in- law on the night between 27/28-4-2004. He was arrested on 7-6-2004.
3. The learned counsel for petitioner submits that the prosecution version is highly improbable.
4. Without making any comment on the merit of this case, I consider it proper to release the petitioner on bail as the offence does not fall within prohibitory clause. The petitioner shall be released subject to furnishing bail bond in the sum of Rs,50,000 (Fifty thousand only) with one surety in the like amount to the satisfaction of Illaqa/Duty Magistrate.