Mst. GHULAM FATIMA alias MALKANI vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Mst. Ghulam Fatima, in a criminal case registered under the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the petitioner, a woman accused of involvement in the alleged abduction and Zina of the complainant's daughter, was entitled to bail given the circumstances of the case, specifically the significant delay in reporting the incident and the statutory classification of the offense. The Lahore High Court held that the petitioner was entitled to bail. The court emphasized that there was an unexplained delay of thirteen months in lodging the First Information Report, which cast doubt on the prosecution's narrative. Furthermore, the court noted that under the Protection of Women (Criminal Laws Amendment) Act 2006 (referred to as Ordinance XIII of 2006), the offense was bailable. Given the petitioner's age and gender, and the lack of explanation for the delay, the court granted the bail application, subject to the furnishing of bail bonds.
- Is an offense under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 bailable under the Protection of Women (Criminal Laws Amendment) Act 2006?
- Does an unexplained delay of thirteen months in lodging an FIR constitute sufficient grounds for the grant of post-arrest bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 13, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 2, Protection of Women (Criminal Laws Amendment) Act 2006
ORDER
' SYED SAKHI HUSSAIN BOKHARI, J.---The petitioner has applied for post-arrest bail in case F.I.R. No, 166 of 2006, dated 24-6-2006 under sections 10, 11, 13 and 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979, registered at Police Station City; Jhang.
2. As per F.I.R. 13 months before registration of case Muhammad Akram Muhammad Azam, Siraj, Muhammad Hayat, Abid, Muhammad Yar, Sarwar and Mst. Ghulam Fatima (petitioner) took away Mst. Sara Bibi (complainant's daughter) from the house of complainant for committing Zina with her. The case was registered at the instance of Muhammad Ali on 24-6-2006 and petitioner was accordingly arrested in this case. Hence this bail application.
3. I have heard the arguments and perused the record.
4. Learned counsel for the petitioner submits that petitioner is a woman and according to section 2 of Ordinance XIII of 2006, offence is bailable. Further submits that prosecution story does not sound to be natural as according to F.I.R. Muhammad Akram son of Sher Muhammad (co-accused) is maternal uncle of Mst. Sara Bibi. He contended that there is delay of 13 months in lodging the F.I.R.
And the same has not been explained by the complainant, which makes the prosecution story doubtful, therefore, petitioner deserves concession of bail. Learned Additional Advocate-General frankly concedes that according to section 2 of Ordinance XIII of 2006 offence is bailable. There is unexplained delay of 13 months in lodging the F.I.R. And petitioner is entitled to get benefit of the same. According to F.I.R. Muhammad Akram Son of Sher Muhammad (accused) is maternal uncle of Mst. Sara Bibi. The petitioner is a woman and according to learned counsel for the petitioner, she is aged about 70 years. In these circumstances if find it a fit case for grant of bail of the petitioner.
As such application brought by her is accepted and she is allowed bail subject of furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned Trial Court.