LIAQAT ALI and another vs THE STATE
This post-arrest bail petition arose from a case registered under Sections 16 and 10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, where the petitioners were accused of abducting the complainant's daughter-in-law for the purpose of committing Zina. The core legal question was whether the petitioners were entitled to post-arrest bail given the significant delay in lodging the First Information Report (FIR), the lack of progress in the trial, and the contradictory stance of the alleged abductee. The Lahore High Court held that the petitioners were entitled to bail. The Court observed that there was an unexplained four-month delay in lodging the FIR, the petitioners had been detained for five months with only an incomplete challan submitted, and the alleged abductee did not support the prosecution's story, having instead filed a suit for jactitation of marriage against the complainant's son. Consequently, the Court allowed the petition and admitted the petitioners to bail.
- Whether an unexplained four-month delay in lodging an FIR, combined with the alleged abductee's denial of the prosecution's story, constitutes sufficient grounds for granting post-arrest bail?
- Can post-arrest bail be granted where the petitioners have been detained for several months and the trial has not commenced due to the submission of only an incomplete challan?
- What is the effect of an alleged abductee filing a suit for jactitation of marriage against her purported husband on a prosecution for abduction and Zina?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
ORDER
' NAZIR AHMAD SIDDIQUI, J.--- Petitioners seek post-arrest bail in a case ,registered vide F.I.R. No,499 of 2005, dated 12-11-2005 under sections 16/10 of Offence of Zina (Enforcement of Hudood)
Ordinance VII of 1979 at Police Station Gaggo District Vehari.
2. As per F.I.R., petitioners (real brothers) along with others abducted Aasia Bibi allegedly a daughter-in-law of the complainant for the purpose of committing Zina.
3. Arguments heard. Record perused.
4. There is a delay of four months in lodging the F.I.R., not properly explained; that the petitioners are behind the bars for the last five months and there is no likelihood of commencement of the trial in near future as only incomplete challan has yet been submitted; that Mst. Aasia Bibi, the alleged abductee has not supported the story of F.I.R. Rather she has filed a suit for jactitation of marriage against Javaid. Iqbal (son of the complainant) with whom her Nikah had been alleged; that neither said Javaid Iqbal nor the witnesses of his alleged Nikah with the alleged abductee had joined the investigation inasmuch as Nikah Khawan of the said Nikah was also not interrogated; that the detention of the petitioners would be of no use to the prosecution.
5. For what has been stated above, instant petition is allowed. Resultantly, the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rs, fifty thousand) each with two sureties each in the like amount to the satisfaction of the learned trial Court.