MUHAMMAD ASHRAF alias KALO and another vs STATE
The petitioners sought post-arrest bail in a criminal case registered under Section 376 of the Pakistan Penal Code 1860 for an offence of Zina. The core legal question was whether the petitioners were entitled to post-arrest bail considering the statutory delay in the commencement of the trial, police findings of innocence, and negative chemical examiner report. The Lahore High Court held that considering the prolonged incarceration of one year and three months without trial and the absence of any allegation regarding the misuse of concessional bail, the ad-interim post-arrest bail previously granted to the petitioners should be confirmed. The key principle laid down is that prolonged detention without trial coupled with the absence of misuse of interim relief forms a valid ground for confirmation of post-arrest bail in appropriate circumstances.
- Whether prolonged detention without trial for over a year is a ground for confirming post-arrest bail in a case under Section 376 of the Pakistan Penal Code 1860?
- Is the absence of semen in the chemical examiner report decisive in a charge of Zina when the occurrence involved resistance?
- Can post-arrest bail be confirmed when the police report declared the accused innocent but the magistrate disagreed?
- Section 376, Pakistan Penal Code 1860
ORDER
The petitioners seek post-arrest bail in case FIR No, 782, registered at Police Station Chak-Jhumra, District Faisalabad on 21.10.2007 for an offence under Section 376, PPC.
2. According to FIR, on 20.10.2007 at 11.00 a.m., wife of the complainant was on her way to house whereupon both the petitioners surprised her and committed Zina.
3. Heard, The petitioners remained in jail for one year and three months while according to diary No, 14, dated 03.10.2008 recorded by Zaka Ullah-Inspector they were found innocent. The report of Chemical Examiner was negative. Report for cancellation of FIR was submitted to the Ilaqa Magistrate who did not agree. The occurrence took place on 20.10.2007 at 11.00 a.m. while FIR was lodged the next day. When there was resistance by the victim, the assailants may not discharge semen the hours being turbulent for them. Absence of semen would, therefore, not be decisive.
However, there being no allegation of misuse of the relief and having regard to the period of detention i,e, one year and three months without trial, ad-interim post-arrest bail already granted on 15.01.2009 is confirmed subject to their furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.