SHAFQAT ALI and another vs THE STATE
This consolidated order before the Lahore High Court disposed of two criminal miscellaneous petitions seeking bail in a case registered under Sections 371-A and 371-B of the Pakistan Penal Code 1860 at Police Station Chung, Lahore. The prosecution alleged that the petitioners had hired a prostitute for illicit intercourse and were apprehended alongside her in a guest house room. The central legal question was whether the allegations prima facie attracted the provisions of Sections 371-A and 371-B of the Pakistan Penal Code 1860 or rendered the matter one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The High Court held that the FIR merely alleged the petitioners were present with a woman hired for prostitution, without showing that Zina was actually committed or being committed during the raid. Furthermore, Sections 371-A and 371-B apply to the buying or selling of persons for prostitution, elements absent regarding the petitioners. Consequently, the case warranted further inquiry, and bail was granted subject to furnishing surety bonds.
- Do Sections 371-A and 371-B of the Pakistan Penal Code 1860 apply to individuals who are merely found present in a room with an alleged prostitute without evidence of buying or selling?
- Does the absence of evidence that the act of Zina was committed or being committed during a police raid render the case against the accused one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Whether an accused is entitled to concession of bail where the allegations in the FIR do not prima facie establish the essential statutory ingredients of selling or buying for prostitution under Sections 371-A and 371-B of the Pakistan Penal Code 1860?
- Section 371-A, Pakistan Penal Code 1860
- Section 371-B, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' ZUBDA-TUL-HUSSAIN, J---This single order shall dispose of the Criminal Misc No, 2976-B-2008 and Criminal Miscellaneous No, 3774-B of 2008.
2. The petitioners have been hauled up as accused by the police in case F.I.R. No,244 of 2008 dated 21-3-2008 registered under sections 371-A and 371-B of the P.P.C, at Police Station, Chung, District Lahore the allegation being that they had hired a prostitute for illicit intercourse and were found with her in Room No, 102 of the Guest House named as Rest-in-Hotel.
3. I have heard the learned counsel for the petitioners as well as the learned DGP, Punjab, considered their contention and perused the record.
4. In the F.I.R, so far as it relates to the petitioners, it is stated that the petitioners were present in the aforesaid Guest House with the prostitute hired for the purpose of Zina. It does not reveal that the alleged offence of Zina was committed or was being committed at the time of raid conducted by the police.
5. Section 371-A or 371-B, P.P.C. Is applicable when the person is found in buying and selling a person for the purpose of prostitution etc. None of the petitioners was found indulging in such buying and selling. It is, thus a case of further inquiry against the petitioners within the meaning of section 497 (2) of the Cr.P.C. The petitioners are, therefore, admitted to bail provided they submit their bail bonds in the amount of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- Khalida Bibi and another vs The State etc. 2024 LHC 150, 2024 PCRLJ 1972, PLJ 2024 Cr.C. 1185
- MOHABAT Versus State 2019 YLRN 51