LIAQAT ALT and another vs STATE
This criminal petition concerns an application for post-arrest bail filed by two brothers accused of abduction for the purpose of Zina under the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the petitioners were entitled to the concession of bail given the evidentiary gaps and procedural delays. The Lahore High Court held that the petitioners were entitled to bail, noting a significant, unexplained four-month delay in lodging the FIR. Furthermore, the Court observed that the alleged abductee had not corroborated the prosecution's version, having instead initiated legal proceedings for jactitation of marriage against the complainant's son. The Court also highlighted that the investigation was incomplete, with key witnesses and the Nikah Khawan not interrogated, and that the petitioners had been incarcerated for five months without the trial commencing. Consequently, the petition was allowed, and the petitioners were admitted to bail. The judgment reinforces the principle that where the prosecution's case lacks corroboration from the alleged victim and suffers from unexplained delays and incomplete investigation, continued incarceration is unjustified.
- Does an unexplained delay in lodging an FIR constitute valid grounds for granting post-arrest bail?
- Is the lack of corroboration by the alleged abductee a relevant factor in determining bail in abduction cases?
- Should bail be granted when the investigation is incomplete and the trial is unlikely to commence in the near future?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
Petitioners seek post-arrest bail in a case registered vide FIR No. 499/05 dated 12.11.2005 under Section 16/10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Gaggo District Vehari.
2. As per FIR, petitioners (real brothers) alongwith 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 FIR, 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 FIR 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.