ALI MUHAMMAD vs THE STATE
This is a post-arrest bail application filed before the Sindh High Court on behalf of the applicant, Ali Muhammad, who was charged in Crime No. 236 of 2009 registered at Police Station Pinyari under sections 376(i) and 511 of the Pakistan Penal Code for allegedly attempting to commit zina with his minor daughter. The core legal question was whether reasonable grounds existed to believe the accused committed the alleged heinous offence, warranting the withholding of bail, particularly given the familial relationship and allegations of strained relations. The court held that it appeared improbable for a real father to attempt such an act with his own minor daughter, especially when the testimony lacked independent witnesses and arose from potentially strained marital relations. Consequently, the court granted post-arrest bail to the applicant, ruling that his case fell within the scope of further inquiry under the criminal procedure, thereby establishing the principle that grave doubts regarding the probability of a familial crime, coupled with strained relations between the spouses, justify the release of an accused on bail.
- Whether the allegation of an unnatural crime by a real father against his minor daughter warrants further inquiry when marital relations are strained?
- Does the absence of independent and natural witnesses in a domestic crime justify the grant of post-arrest bail?
- When does a criminal case fall within the ambit of further inquiry under bail adjudication?
- Section 376(i), Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
ORDER
1. ' ABDUL HADI KHOSO, J.---This is a bail application filed on behalf of applicant Ali Muhammad son of Muhammad Saffar, in Crime No, 236 of 2009, Police Station Pinyari, under sections 376(i) and 511, P . P. C .
2. ' The facts of the case are that Mst. Maqboolan wife of Ali Muhammad Meerani had lodged F.I.R.
3. No,236 of 2009 at Police Station Pinyari on 9-10-2009, stating that he has married with accused Ali Muhammad Meerani, originally resident of Goth Walha Taluka Baqrani District Larkana from whom she has one daughter by name Alman Batool alias Hera aged about 3 years. That in the night at about 1-00 a.m. She along with her daughter .Alman Batool went to sleep in the courtyard of the house while her husband was sleeping inside the room of the house. She heard cries of her daughter Alman Batool from inside the room, due to which she was awakened at about 4-00 a.m.
4. And saw that her daughter was not on the cot and was crying inside the room. She went inside the room and found her husband Ali Muhammad without clothes and Shalwar of her daughter was not on and she was raising cries and slight blood oozed out from the private part of her daughter and some white colour thing was also on it. On which, she suspected that her husband has done something with her daughter. Due to non-availability of other inmates of the house she raised cries, on which, neighbourers namely Abdul Karim and others came running to whom she disclosed the entire facts and shown her daughter and then they took her daughter at police station. She obtained letter for treatment and proceeded towards LUMH. After obtaining provisional certificate of her daughter she lodged F.I.R. That her husband Ali Muhammad attempted to commit zina with her daughter Alman Batool, Accused was arrested on 9-10-2009. Case has been challaned and the same is pending in the court of Sessions Judge Hyderabad. The bail application moved on behalf of the applicant was rejected on 23-1.1-2009 by the trial Court. Hence this bail application.
5. ' The learned counsel for the applicant has submitted that the prosecution story is false and improbable and does not appeal to a man of common prudent and no reasonable ground exists to believe that the applicant has committed the offence with which he is charged and the complainant has levelled false allegations against the applicant due to personal vendetta and grudge. There is delay in lodging the F.I.R. And according to medical certificate the doctor has opined that the attempt of sexual intercourse has been committed and no intercourse was committed. Such offence is not expected from the real father. No any natural or independent witness is there except the complainant and she has got strained relations with the applicant.
6. ' Learned D.P.G. As well as learned counsel for the complainant have opposed the bail application.
7. They have stated that the complainant has given the name of the accused in the F.I.R. And the medical version is supporting the prosecution story. The applicant has committed the offence, as such he is not entitled for the grant of bail.
8. ' I have heard the learned counsel for the applicant, learned D.P.G. And the learned counsel for the complainant and perused the record available before me. There is allegation against the real father for attempting to commit zina with his minor daughter. There is no any independent and natural witness against the applicant. Only the allegations are levelled by the complainant for which the learned counsel for the applicant submits that the relations between the complainant and the applicant were strained and due to which such drama has been staged by the complainant. I have applied my mind and in my view when the relations between the wife and husband are strained such allegation can be levelled at the instigation of some intriguer. It appears improbable for the man of common prudence that a real father could attempt to commit zina with his real minor daughter, as such doubt arises in the prosecution story and case appears to be. Of further inquiry.
9. ' In view of the above, the applicant is granted bail in the sum of Rs,100,000 with P.R. Bond in the like amount to the satisfaction of the trial Court.
10. ' Bail application disposed of.
Cited by 1 case
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