AKMALURREHMAN vs The STATE and another
This matter arises from a petition for pre-arrest bail filed by the petitioner, Akmalurrehman, seeking pre-arrest bail in case F.I.R. No. 266 dated 3-5-2011, registered under Section 376 of the Pakistan Penal Code 1860 at Police Station Naseer Abad, Lahore, on allegations of committing rape against the complainant's daughter. The core legal question is whether the petitioner is entitled to pre-arrest bail in a heinous crime where the victim has directly implicated him in her statements under Section 164 of the Code of Criminal Procedure 1898 and the F.I.R., notwithstanding the petitioner's plea of mala fides and pending civil litigation. The Lahore High Court held that the petitioner is not entitled to extraordinary relief of pre-arrest bail given the specific role attributed and the victim's unshaken solitary statement implicating the accused, noting that families in society do not ordinarily stake their honor over petty civil disputes. The court consequently recalled the ad-interim pre-arrest bail previously granted to the petitioner.
- Whether pre-arrest bail can be granted to an accused nominated with a specific role for an offense under Section 376 of the Pakistan Penal Code 1860?
- Is the solitary statement of the victim recorded under Section 164 of the Code of Criminal Procedure 1898 sufficient to decline pre-arrest bail?
- Does pending civil litigation between the parties constitute a sufficient ground for mala fides to warrant pre-arrest bail in a rape case?
- Section 376, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
' CH. MUHAMMAD TARIQ, J.---The petitioner seeks his bail before arrest in case F.I.R. No,266 dated 3- 5-2011, under section 376, P.P.C., registered with Police Station Naseer Abad, Lahore.
2. The precise allegation against the petitioner is that he committed rape with daughter of complainant Khalil-ur-Rehman on 2-5-2011.
3. Learned counsel for the petitioner contends that complainant of the case is the real paternal uncle of the petitioner, who lodged this case against the petitioner with mala fide intention and personal grudge. Further contends that civil litigation is pending between the parties and the instant criminal case was got registered against the petitioner just to blackmail and pressurize him so that the petitioner may make a compromise with the complainant party in respect of civil litigation. Also contends that there is no eye-witness mentioned in the F.I.R. Which make the case of the petitioner as of further inquiry. The petitioner had joined the investigation. He is no more required for further investigation. Therefore, interim to the petitioner be confirmed.
4. Conversely learned D.P.-G. Has vehemently opposed this bail petition.
5. Arguments heard. Record perused.
6. The petitioner is nominated in the F.I.R. With a specific role that he entered in the house of complainant and committed zina-bil-jabr with Msi. Sana Khalil daughter of the complainant after threatening her of dire consequences if she makes hue and cry. The victim Mst. Sana Khalil appeared before the Magistrate, where, she made her statement under section 164, Cr.P.C. And repeated the contents of F.I.R. And fully implicated the petitioner that he taking the advantage of loneliness forcibly, committed zina-bil-jabr with her. So far as the contention of learned counsel for the petitioner is concerned that the instant criminal case was managed to lodge against the petitioner just to pressurize him and his family to make a compromise in civil litigation, it is not believable as in our society no one can put at stake her own honour and the honour of her family for petty matters.
7. The contention of learned counsel for the petitioner that there is no eye- witness mentioned in the hence in such cases unshaken solitary statement of victim is sufficient for the conviction of B accused person. Bail before arrest is an extraordinary relief and the petitioner is not entitled for the same. Therefore, ad interim pre arrest bail dated 7-7-2011 granted to the petitioner is hereby recalled.