Mst. RAZIA BIBI vs THE STATE
This matter arises from a criminal petition filed by Mst. Razia Bibi seeking post-arrest bail in F.I.R. No. 560 of 2006 registered under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Saddar, Hafizabad. The core legal question is whether the petitioner is entitled to bail in light of recent statutory amendments affecting offences relating to women. The Lahore High Court held that pursuant to the amendment in section 497 of the Code of Criminal Procedure introduced by Ordinance No. XXXV of 2006, offences relating to women—excluding terrorism, financial corruption, murder, and offences punishable with death, imprisonment for life, or imprisonment for ten years—are to be treated as bailable offences. The court laid down the principle that in bailable offences, the grant of bail is a matter of right and not a grace from the court. Consequently, the petition was accepted and post-arrest bail was granted to the petitioner subject to furnishing appropriate security.
- Whether offences relating to women are to be treated as bailable offences following the amendment vide Ordinance No. XXXV of 2006?
- Is the grant of bail in bailable offences a matter of right or a grace from the court?
- Does an offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 qualify as a bailable offence for a female accused under the amended law?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
SH. JAVAID SARFRAZ, J.---Through this petition, the petitioner, Mst. Razia Bibi, .Seeks post-arrest bail in case bearing F.I.R. No. 560 of 2006, dated 5-8-2006, under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station, Saddar, Hafizabad, at the instance of complainant Mst. Farzana Bibi daughter of Muhammad Ashraf.
2. Learned counsel for the petitioner submits that the petitioner has falsely been involved in this case and the complainant is her real daughter, that humanly it is not possible for a real mother to force here own daughter to enter into prostitution and sell her and that it is on the mala fide of petitioner's sister that this case has been got registered. Further submits that in the light of the amendment in section 497, Cr.P.C. Vide Ordinance No.XXXV of 2006, promulgated on 8th November, 2006, all the offences relating to women except terrorism, financial corruption and murder and such offence punishable with death or imprisonment for life or imprisonment for ten years, shall be treated as bailable offences, therefore, the petitioner is entitled to the grant of bail.
3. Learned State counsel has vehemently opposed this bail petition.
4. The petitioner is an accused of offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, which in light of the Ordinance No.XXXV, promulgated on 8th November, shall be treated as bailable relating to the present petitioner as the offence does not relate to terrorism, financial corruption and murder. In bailable offences, grant of bail is a right of the accused and not a grace from the Court. Under the circumstances, the petitioner has 'made out a case for the grant of bail.
5. For what has been discussed above, while accepting this petition, the petitioner is allowed bail subject to her furnishing bail bonds in the sum of Rs.30,000 with one surety in the like amount to the