Pakistan Case Law
2008 SCMR 553

SHAUKAT ALI vs THE STATE and others

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Citation2008 SCMR 553
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,539-L of 2006
Date2006-07-12
Judge(s)Faqir Muhammad Khokhar and Syed Jamshed Ali
ResultBail allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arose from a petition for leave to appeal against an order of the Lahore High Court, which had cancelled the post-arrest bail granted to the petitioner in a criminal case registered under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The primary legal issue was whether the petitioner was entitled to bail where his arrest and investigation were conducted by a Sub-Inspector of Police in violation of Section 156-B of the Code of Criminal Procedure 1898, which mandates that investigation of such offences be carried out exclusively by an officer not below the rank of Superintendent of Police. The Supreme Court converted the petition into an appeal and allowed it, setting aside the High Court's order and granting bail to the petitioner. The Court relied on the concession of the Advocate-General and the fact that the investigating officer had been suspended for conducting an unauthorized arrest and investigation.

Questions settled in this judgment
  • Whether an investigation conducted by an officer below the rank of Superintendent of Police in violation of Section 156-B of the Code of Criminal Procedure 1898 entitles the accused to bail?
  • Can bail be granted where the investigating officer has been suspended for conducting an illegal arrest and investigation?
  • Whether the High Court erred in cancelling the bail of an accused where the underlying investigation suffered from a statutory illegality?
Laws & provisions referred
  • Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
  • Section 156-B, Code of Criminal Procedure 1898
post-arrest bailcancellation of bailZina Ordinanceillegal investigationSection 156-B CrPCcompetent investigating officer

ORDER

' A criminal case F.I.R. No,177, dated 27-1-2006 under section 10 of the Zina (Enforcement of Hudood).

Ordinance, 1979 was registered against the petitioner and Mst. Allah Rakhi at Police Station Jaranwala, District Faisalabad. Both the accused were allowed bail by the Additional Sessions Judge, Jaranwala, District Faisalabad. However, on the move of complainant Allah Ditta through Criminal Miscellaneous No,3704/CB of 2006, the bail of the petitioner was cancelled by the Lahore High Court, Lahore, vide impugned order dated 31-5-2006.

2. The learned counsel for the petitioner argued that the very arrest and investigation of the case by the Sub-Inspector Muhammad Afzal was illegal and violative of the provisions of section 156-B, Cr.P.C., whereunder only Superintendent of Police was competent to do so.

3. Mr. Aftab Iqbal Chaudhry, learned Advocate-General , Punjab, stated that Muhammad Afzal, Sub-Inspector of Police, who had made the arrest of the petitioner and co-accused Mst. Allah Rakhi had already been suspended from service by order of the District Police Officer and that it would be just and proper if the bail was allowed to the petitioner.

4. In this view of the matter, this petition is converted into appeal and the same is allowed.

Consequently, the impugned order, dated 31-5-2006, passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,3704/CB of 2006 is set aside. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to satisfaction of the Trial Court

Cited by 2 cases

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