MUHAMMAD RAMZAN alias RAMZOO, MOTTI, HEERA, JAN PAPU and MUSTAFA
This matter concerns a post-arrest bail application filed by the petitioners, Muhammad Ramzan alias Ramzoo and others, who were charged under Section 11 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 for the alleged abduction of two minor girls. The core legal question was whether the petitioners were entitled to bail given the lack of incriminating evidence and the circumstances of their arrest. The Court observed that despite the petitioners remaining in police custody on physical remand for 14 days, the alleged abductees were not recovered at their instance. Furthermore, the Court found the prosecution's narrative—involving the parents of the other accused in the abduction—to be inherently unbelievable. Holding that there was no evidence connecting the petitioners to the crime beyond the complainant's oral statement, the Court determined that the petitioners had established a case for further inquiry. Consequently, the bail petition was accepted, and the petitioners were admitted to bail, with the Court emphasizing that their continued detention would serve no useful purpose to the prosecution.
- Whether the failure of the police to recover abductees during a 14-day physical remand constitutes grounds for further inquiry in a bail application?
- Can bail be granted when the prosecution's case relies solely on the oral statement of the complainant without corroborating evidence?
- Does the lack of incriminating evidence connecting the accused to the alleged offense justify the grant of post-arrest bail?
- Section 497, Code of Criminal Procedure 1898
- Section 11, Offence of Zina (Enforcement of Hadood) Ordinance 1979
ORDER
' IJAZ AHMAD CHAUDHRY, J.---Through this application under section 497, Cr.P.C. Muhammad Ramzan alias Ramzoo, Motti, Heera, Jani, Papu and Mustafa, petitioner seeks post-arrest bail in a case F.I.R. No. 714 of 2006, dated 14-10-2006 registered under section 11, Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 at Police Station Saddar, Okara on the application of Muhammad Bashir Ahmad, the complainant.
2. The brief allegation against the petitioners is that on 10-10-2006 at about 2-00 a.m. They along with co-accused while armed with different weapons forcibly abducted Mst. Kamra Bibi, aged about 17 years and Mst. Azra Bibi aged about 15 years, daughters of the complainant on gun-point and took them in a vehicle for the purpose to commit with them.
3. The learned counsel for the petitioner has contended that Muhammad Ramzan (petitioner) and Mst. Manzooran Bibi (co-accused) are parents of the other accused-petitioner; that the accused persons were arrested by the police and they remained on physical remand for 14 days but during that period, the abductees could not be recovered at their instance; that there is no connecting evidence against the petitioner to book them in the present case and their further detention in jail will serve no useful purpose to the prosecution.
4. The learned Additional Prosecutor General has vehemently opposed this bail petition.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the record with due care and caution. Evidence of the petitioner etc. With this observation this writ petition is disposed of.
6. Order accordingly.The petitioners were arrested by the police and they remained on physical remand for 14 days but during that period, the alleged abductees could not be recovered at their instance. Except for oral statement of the complainant there is no incriminating evidence against the petitioner that they had abducted the alleged abductee or had been seen by anyone.
Muhammad Ramzan alias Ramzoo (petitioner) and Manzooran Bibi, co-accused are parents of the other accused-petitioner, whose participation for the abduction of alleged victims with their sons appears to be an unbelievable story. The petitioners are in jail, whose further detention in jail for indefinite period will serve no useful purpose to the prosecution. In such circumstances the petitioners have succeeded in making out a case of further inquiry and culpability of petitioners in the occurrence will be seen by the learned Trial Court after recording the evidence .
' For the foregoing reasons, the instant bail petition is accepted and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 each with two sureties each in the like amount tb the satisfaction of the learned Trial Court.