Mst. RAZIA BMI vs THE STATE
This matter concerns a petition for post-arrest bail filed by Mst. Razia Bibi, who was initially identified as a victim in an F.I.R. regarding an offence of Zina-bil-Jabar but was subsequently converted into an accused by the investigating officer. The petitioner had been in custody since April 2006, and her previous bail application was dismissed by the Sessions Court. The core legal question was whether the petitioner was entitled to the concession of bail under the prevailing statutory framework. The Lahore High Court, without delving into the merits of the allegations or the F.I.R., held that the petitioner was entitled to bail. The court's decision was primarily grounded in the statutory amendment introduced to the Code of Criminal Procedure 1898 by Act No. XIII of 2006, which modified the provisions governing bail. The court accepted the legal position as uncontroverted by the State and consequently admitted the petitioner to post-arrest bail upon the furnishing of bail bonds.
- Does the amendment to Section 497 of the Code of Criminal Procedure 1898 by Act No. XIII of 2006 entitle an accused person to the concession of bail?
- Can an investigating officer convert a complainant or victim into an accused during the course of an investigation?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 338-G, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' M. BILAL KHAN,J ,---Mst. Razia Bibi daughter of Munawar Hussain seeks post-arrest bail in case F.I.R.
No.328 of 2005, dated 16-9-2005, registered with Police Station Saddar Gojra, District Toba Tek Singh for offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 read with sections 338-G, 109, P.P.C.
2. According to the story as narrated in F.I.R. Lodged by Mst. Zubaida Begum daughter of Munawar Hussain, she was a poor lady and her husband was an invalid; out of her five daughters one was Mst. Razia Bibi, who used to fetch fodder from the fields of the accused; about 5/6 months ago when her aforesaid daughters had gone to the fields of the accused mentioned namely Shahid Ameen son of Muhammad Ameen, Sajid Ameen son of Muhammad Ameen, Munawar Hussain alias Bubble son of Muhammad Anwar were present there they administered some intoxicant to her daughter and committed Zina-bil-Jabar with her; on returning home she informed her mother about the incident. However, since she had no one to rely upon, she went to Munir Ahmad son of Nabi Bakhsh and narrated the incident to him; Munir Ahmed complained to the accused party whereupon the accused party apologized from her and pledged not to indulge in such-like activity in future; her daughter had conceived as a result of Zina. Resultantly the instant F.I.R. Had been recorded.
3. It appears that after registration of the case Mushtaq Bhatti, SubInspector/Investigating Officer 'converted the present petitioner from a victim to an accused and arrested her on 10-4-2006. She is in custody ever since. Her application for post-arrest bail had been turned down by the learned Sessions Judge Toba Tek Singh on 10-6-2006. Hence the instant petition.
4. Admittedly the petitioner is in custody since 10-6-2006. I would not like to go into the merits of the case as also in the allegations levelled in the F.I.R. Suffice to say that in view of the amendment brought about in. Section 497, Cr.P.C. By Act No.XIII of 2006, dated 7-7-2006, the petitioner has, become entitled to the concession of bail.
5. The learned State counsel does not controverted this legal position.
6. Resultantly this petition is allowed and the petitioner is admitted to post-arrest bail subject to her furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Illaqa Magistrate/Duty Magistrate.