SHEHNAZ BIBI vs THE STATE
The petitioner, Shehnaz Bibi, sought pre-arrest bail in a case registered under section 365-B of the Pakistan Penal Code 1860 arising from F.I.R. No. 122 of 2007. The prosecution alleged that the petitioner was abducted by a co-accused with whom she developed illicit relations. The petitioner's counsel contended that she was living with her real father, had filed a suit for dissolution of marriage against the complainant, and that the F.I.R. suffered from an inordinate delay of two months. The court observed that the petitioner was initially named as an abductee in the F.I.R., had instituted a matrimonial suit against the complainant, and that the case was reported with significant delay. Furthermore, the court noted that being a woman, her case fell under the first proviso to section 497 of the Code of Criminal Procedure 1898. Holding that the facts made out a case for further inquiry, the Lahore High Court accepted the petition and confirmed the pre-arrest bail subject to furnishing surety bonds, laying down that pre-arrest bail is justified where the accused is a woman and the foundational facts of the charge warrant further inquiry.
- Whether pre-arrest bail can be confirmed when the accused woman is initially named as an abductee and has filed a suit for dissolution of marriage against the complainant?
- Does an inordinate delay in lodging the F.I.R. constitute a ground for making out a case of further inquiry under section 497 of the Code of Criminal Procedure 1898?
- Does the case of a female accused fall under the first proviso to section 497 of the Code of Criminal Procedure 1898 for the grant of bail?
- Section 365-B, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' HASNAT AHMAD KHAN, J.---Shehnaz Bibi petitioner seeks pre-arrest bail in case F.I.R. No.122 of 2007, dated 8-4-2007 registered at Police Station Saddar Mian Channun in respect of offence under section 365-B P . P. C
2. Precisely the prosecution story as unfolded in the F.I.R. Lodged at the instanced of Imtiaz Hussain complainant, is that Ijaz Khan co-accused developed illicit relations with the petitions and he allegedly abducted the petitioner on 6-4-2007 in absence of the complainant.
3. Learned counsel for the petitioner has contended that petitioner is living with her real father namely Shamma that the petitioner has filed a suit for dissolution of marriage against the complainant that F.I.R. Has been lodged with inordinate delay of two months that the provisions of section 365-B, Cr.P.C. Are not attracted to the facts and circumstances of the case, and case of the petitioner needs further inquiry.
4. Conversely the learned counsel for the complainant has opposed the bail application on the ground that the petitioner has been committing zina with Ijaz co-accused that the petitioner is in fact not daughter of Shamma rather she is daughter of Allah Bakhsh. At this stage Shamma, who claims to be the father of the petitioner submits that his wife after getting divorce from him had married Allah Bakhsh who according to him is not father of the petitioner. He further submits that the petitioner is living with him and has not indulged in committing zina with anybody.
5. After hearing both the sides I have noticed that initially the name of the petitioner has been mentioned in the F.I.R. As an abductee. It has been further observed by me that the petitioner has already filed;a suit for dissolution of marriage against the complainant, besides that F.I.R. In this case was lodged with an inordinate delay of two months. The petitioner being lady her case falls under the first proviso of section 497, Cr.P.C. Also. Moreover, all the above said facts lead me to conclude that a case of further inquiry has been made out in favour of the petitioner. Consequently the petition in hand is accepted and ad interim pre-arrest bail already granted to the petitioner is hereby confirmed subject to her furnishing fresh bail bonds in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the learned trial Court.