MUHAMMAD KHALIL vs THE STATE
This petition for post-arrest bail arises from F.I.R. No. 695, registered under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and Section 450 of the Pakistan Penal Code, 1860. The petitioner, a juvenile, was accused of facilitating a co-accused by holding the victim's hands during the alleged commission of Zina. The core legal question was whether, given the investigative findings and medical evidence, the petitioner was entitled to bail. The Court observed that the local police investigation declared the petitioner innocent, noting that the victim showed no marks of violence and the chemical examiner's report found no semen on the swabs. Furthermore, the Investigating Officer concluded, based on statements from local residents, that the alleged occurrence did not take place, and a cancellation report was pending. Holding that the petitioner had made out a case for further inquiry, the Court allowed the petition and admitted the petitioner to post-arrest bail, emphasizing the significance of the police's finding of innocence and the lack of corroborating medical evidence.
- Is an accused entitled to post-arrest bail when the police investigation declares them innocent and a cancellation report is pending?
- Does the absence of semen in a chemical examiner's report and the lack of violence marks on the victim constitute grounds for bail in a Zina case?
- Can the findings of an Investigating Officer regarding the non-occurrence of an alleged crime be considered for the purpose of granting bail?
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 450, Pakistan Penal Code 1860
ORDER
' FAZAL-E-MIRAN CHAUHAN, J.---The petitioner seeks post-arrest bail in case F.I.R. No.695, dated 30- 8-2006 registered under section 10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, No.VII of 1979 and 450, P.P.C. At Police Station, Satellite Town Sargodha.
2. Learned counsel for the petitioner contends that the petitioner is falsely involved in the case; that as per allegation the petitioner was holding the victim of her hands facilitating the co-accused to commit zina with her; that the petitioner has been declared innocent by the local police; that no mark of violence was found on the body of the victim; that she was medically examined.
According, to the report of the chemical examiner the swabs were not stained with semen. The petitioner as per school certificates was of 12 1/2 years of age at the time of occurrence. As per Investigating Officer no such occurrence had taken place and the petitioner was found innocent.
Cancellation report of the case is pending.
3. Conversely, learned counsel for the, State half heartedly opposed the petition.
4. Heard. Record perused.
5. As per allegation the petitioner was holding the hands of victim facilitating the co-accused to commit zina with her but the petitioner has been declared innocent by the local police; that no mark of violence was found On the body of the victim. She was medically examined. According to the report of the chemical examiner the swabs were not stained with semen. The petitioner as per school leaving certificate was of 12-1/2 years of age at the time of occurrence. As per Investigating Officer after recording the statements of the - residents of Mohallah that no occurrence had taken place, the petitioner was declared innocent.
6. In view of the above, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the learned trial Court.