JAHANGIR and another vs STATE and another
This matter concerns a petition for post-arrest bail filed by two accused persons, Jahangir and Imran, in a criminal case registered under Sections 356, 376, and 511 of the Pakistan Penal Code 1860. The prosecution alleged that the petitioners entered the complainant's house, assaulted the occupants, and attempted to commit Zina with the complainant's wife. The core legal question was whether the petitioners were entitled to the concession of bail given the evidentiary gaps in the prosecution's case. The Court held that the petitioners were entitled to bail, observing a significant twelve-day delay in lodging the First Information Report, the absence of medical evidence regarding the alleged injuries, and the fact that the offense of Zina was not completed, but rather alleged as an attempt. The Court emphasized that the petitioners' involvement required further assessment during trial and could not be ruled out as motivated by ulterior reasons. Consequently, the petition was accepted, and the petitioners were admitted to bail subject to furnishing bail bonds.
- Does a significant delay in lodging an FIR constitute a ground for granting post-arrest bail?
- Is the absence of medical evidence regarding alleged injuries a relevant factor in bail adjudication?
- Can bail be granted when the prosecution alleges only an attempt to commit an offense rather than the completed act?
- Section 356, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
ORDER
Jahangir and Imran, petitioners seek bail after arrest in case F.I.R. No,321/2007 dated 10.11.2007 under Section 356/376/511 PPC registered with Police Station Sahooka, District Vehari, at the instance of Niaz Ahmad, complainant.
2. According to the prosecution, the complainant was sleeping in his house on the day of occurrence at about 12:00/1:00 a.m. (midnight), petitioners and their co-accused while armed with deadly weapons entered in the house by crossing his boundary walls, caught the complainant and asked him to handover the amount received by him on that date from one Hafiz Muhammad Shafique. They gave beating to the complainant and his wife. They also tied the complainant in the room and then removed his wife in the Courtyard of his house and accused started immoral activities with her in order to subject her to Zina. They broke the string of Shalwar of his wife and her clothes were also torn by the accused persons.
3. After hearing learned counsel for the parties and perusing the record, I find that Imran, Petitioner No,2 was arrested on 31.01.2008 and he is stated to be less than 16 years of age. There is a delay of 12 days in lodging the F.I.R. There is no medical evidence qua the injuries allegedly caused to the complainant, and similarly Zina was not committed by any of the petitioners with Mst. Maryyam, the wife of the complainant. By adding Section 511 PPC, it is crystal clear that only an attempt was made to commit the crime. The allegation that attempt to commit the Zina by the petitioners requires due assessm ent and evaluation which can be only done during the trial and the involvement of the petitioners on account of some ulterior motive cannot be ruled out. Resultantly, the present petition is accepted and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 50,000/- (rupees fifty thousand) each with two sureties each in the like amount to the satisfaction of learned trial Court.