MORE vs THE STATE
This matter arises from a bail application filed by the applicant seeking post-arrest bail in F.I.R. No. 111 of 2010 registered at Police Station Taluka Larkana for an alleged attempt to commit zina-bil-jabr. The core legal question revolves around whether the continued detention of the accused is justified when the victim's statement under Section 161 of the Code of Criminal Procedure 1898 has not been recorded due to her non-production by the complainant party, and no medical certificate supports the charge. The Sindh High Court held that the case of the applicant falls within the scope of further inquiry under the law. Consequently, the court granted post-arrest bail to the applicant subject to furnishing a solvent surety and a personal recognizance bond. The key principle laid down is that the unexplained failure of the prosecution to produce the victim for recording her statement, coupled with the absence of corroborative medical evidence, makes the accused's case one of further inquiry warranting the grant of bail.
- Whether post-arrest bail can be granted when the victim's statement under Section 161 of the Code of Criminal Procedure 1898 has not been recorded due to non-production by the complainant?
- Does the absence of a medical certificate in an alleged attempt to commit zina-bil-jabr make a case one of further inquiry under criminal law?
- Section 161, Code of Criminal Procedure 1898
ORDER
1. ABDUL HADI KHOSO, J.---Learned counsel for the applicant argues that the allegation against the applicant is for attempting to commit zina-bil-jabr with Mst. Qubra mother of complainant. Such F.I.R. No. 111 of 2010 was registered at Police Station Taluka Larkana on 7-10-2010. Since then investigation was conducted and the case was challaned but it is very strange that the statement of the victim Mst. Qubra under section 161, Cr.P.C. Has not yet been recorded as she is not being produced by the complainant party before the police. Due to such situation SIP Azher Ali, I.O. Of the case has been called and he states that the complainant party has concealed the victim and they are not prepared to produce her for recording her statement under section 161, Cr.P.C. The complainant and his father namely Mashooque Ali Bhatti, are present in court has been asked that why they are not producing the victim Mst. Qubra before the I.O. For recording her statement; their reply is that the brothers of victim have taken away her with them and they do not know whereabouts of the victim.
2. I have heard learned counsel for the applicant and learned State Counsel and gone through the record. There is no any medical certificate in this regard. The victim is not prepared even to appear before the Investigating Officer. The applicant was arrested on 9-10-2010. At present he is confined in Central Prison Larkana. The case of the applicant appears to be of further enquiry as such he is granted bail on his furnishing solvent surety in the sum of Rs. 100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.