MASHHOOD-UL-HAQ vs THE STATE and another
This criminal petition was filed by Mashhood-ul-Haq seeking post-arrest bail in case F.I.R. No. 118 registered under section 377, Pakistan Penal Code 1860 at Police Station Gujjarpura, Lahore. The prosecution alleged that the petitioner forcibly took the complainant's children into his house and committed an unnatural offense against the minor daughter. The core legal question was whether the petitioner made out a case for the grant of post-arrest bail. The Lahore High Court held that the petitioner was specifically named in the F.I.R. with direct allegations, his acts prima facie fell within the ambit of section 367-A of the Pakistan Penal Code 1860, and the offense fell within the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898. Consequently, the court ruled that the petitioner was not entitled to bail at this stage and dismissed the petition, emphasizing that all observations were tentative.
- Whether an accused named in the F.I.R. for an offense falling within the prohibitory clause is entitled to post-arrest bail?
- Does an offense under section 367-A of the Pakistan Penal Code 1860 attract the prohibitory clause of section 497(1) of the Code of Criminal Procedure 1898?
- Section 377, Pakistan Penal Code 1860
- Section 367-A, Pakistan Penal Code 1860
- Section 497(1), Code of Criminal Procedure 1898
ORDER
CH. IFTIKHAR HUSSAIN, J.---Petitioner Mashhood-ul-Haq by way of the instant petition has prayed for bail after-arrest in case F.I.R. No, 118 registered under section 377, P.P.C. with Police Station Gujjarpura, Lahore on 24-1-2010.
2. Briefly the prosecution case as per the F.I.R. is that on 23-1-2010 at about 1-30 p.m. Bilal aged about 819 years and Benish aged about twelve years, the son and daughter respectively of complainant Tahir Abbas, were returning to their house from the school. They when reached near the house of Mashhood-ul-Haq (petitioner) he forcibly took them both to his house. He there sent Bilal to the shop to take biscuit. There was no one else in his house at that time. The complainant along with Hassan Ali and Zulfiqar Ali when reached his house, they saw that Mashhood-ul-Haq (petitioner) had laid his daughter Benish on the ground and put his male organ in her mouth. On seeing them, he scaled over the wall and ran away. He (complainant) did not inform the police due to his honour but his brothers told him that he should inform the police.
3. After hearing the learned counsel for the parties and going through the record, I find that he is named in the F.I.R. with the above allegation against him. His above act ex facie falls within the ambit of section 367-A, P.P.C. The complainant, his son, the girl and the P.Ws. in their statement have implicated him with such an finance. The same is covered within the prohibitory clause of section 497(1), C. Such an offence is always under Public condemnation. Hence, I don't find m entitled to bail at this stage. The Petition, therefore, is dismissed.
4. However, I may observe here that the above observations are tentative in nature and meant only for the disposal of the instant matter. These shall have no bearing at all on anybody's case at trial.
Bail after arrest refused.