JAHANGIR and anothers vs THE STATE and another
This post-arrest bail petition was filed by petitioners Jahangir and Imran in connection with FIR No. 321/2007 under Sections 356, 376, and 511 of the Pakistan Penal Code 1860, registered at Police Station Sahooka, Vehari. The prosecution alleged that the petitioners and co-accused entered the complainant's home armed with deadly weapons, assaulted the complainant and his wife, and attempted to commit Zina upon the wife. The core legal question was whether the petitioners were entitled to post-arrest bail given the delay in reporting, lack of medical evidence, and the nature of the allegations. The Lahore High Court allowed the petition and granted post-arrest bail. The Court held that there was an unexplained 12-day delay in lodging the FIR, no medical evidence of injuries, and no completed act of Zina. The charge of attempt under Section 511, PPC required further assessment and evaluation at trial, and the possibility of ulterior motives for involvement could not be ruled out.
- Does an unexplained delay in lodging an FIR combined with a lack of medical evidence justify the grant of post-arrest bail in an attempt to commit Zina case?
- Whether an allegation under Section 511 of the Pakistan Penal Code requires evaluation at trial sufficient to warrant post-arrest bail?
- Can post-arrest bail be granted where the involvement of the accused due to ulterior motives cannot be ruled out?
- Section 356, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
ORDER
' M.A. ZAFAR, J.---Jahangir and lmran, petitioners seek bail after arrest in case F.I.R. No,321/2007 dated 10-11-2007 under sections 356/376/511, P.P.C. Registered with Police Station Sahooka, District Vehari, at the instance of Niaz Ahmad, complainant.
2. According to the prosecution, the complainant was sleeping in his house on the day of occurrence at about 12-00/1-00 a.m. (midnight), petitioners and their co-accused while armed with deadly weapons entered in the house by crossing his boundary walls, caught the complainant and asked him to handover the amount received by him on that date from one Hafiz Muhammad Shafique. They gave beating to the complainant and his wife. They also tied the complainant in the room and then removed his wife in the courtyard of his house and accused started immoral activities with her in order to subject her to Zina. They broke the string of Shalwar of his wife and her clothes were al'o torn by the accused persons.
3. After hearing learned counsel for the parties and perusing the record, I find that Imran, petitioner No, 2 was arrested on 31-1-2008 and he is stated to be less than 16 years of age. There is delay of 12 days in lodging the F.I.R. There is no medical evidence qua the injuries allegedly caused to the complainant, and similarly Zina was not committed by any of the petitioners with Mst. Marryam, the wife of the complainant. By adding section 511, P.P.C. It is crystal clear that only an attempt was made to commit the crime.
' The allegation of attempt to commit the Zina by the petitioners requires, due assessment and evaluation which can be only done during the trial and the involvement of the petitioners on account of some ulterior motive cannot be ruled out. Resultantly, the present petition is accepted and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000 (rupees fifty thousand) each with two sureties each in the like amount to the satisfaction of learned trial Court.