Bashir Ahmad vs The State, etc.
This petition for post-arrest bail arises from an F.I.R. registered under Sections 365-B, 376, and 420 of the Pakistan Penal Code 1860, involving allegations of abduction and zina. The core legal question was whether the petitioner was entitled to bail given the evidentiary gaps and the circumstances surrounding the delay in reporting the crime. The Court observed that the F.I.R. was lodged with a significant delay, and the victim's statement under Section 164 of the Code of Criminal Procedure 1898 was recorded over a month after the incident, during which time she remained with her parents, raising the possibility of deliberation. Furthermore, the Court noted the absence of corroborative medical evidence, such as Chemical Examiner or D.N.A. reports, and highlighted that a co-accused had already been granted bail. Holding that the prosecution's case rested solely on the victim's oral assertion without corroboration, the Court determined the case fell under the category of further inquiry. Consequently, the Court granted post-arrest bail, establishing that the absence of corroborative evidence and unexplained delays in legal proceedings can render a case one of further inquiry under Section 497, Code of Criminal Procedure 1898.
- Does a significant delay in recording a statement under Section 164 of the Code of Criminal Procedure 1898, while the victim is with family, warrant a grant of bail?
- Can the absence of DNA or Chemical Examiner reports in a zina case constitute grounds for treating a case as one of further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Is the grant of bail to a co-accused a relevant factor in determining the bail application of another accused in the same case?
- Section 497, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 511, Pakistan Penal Code 1860
- Section 164, Code of Criminal Procedure 1898
ORDER
RAJA SHAHID MEHMOOD ABBASI, J. --- Through this petition under Section 497, Cr.P.C. the petitioner Bashir Ahmad, seeks post-arrest bail in case F.I.R. No. 603, dated 05.11.2016 under Sections 365-B/376/420, P.P.C., registered at Police Station Shah Rukan-e-Alam Multan
2. This crime report has been lodged by one Muzaffar Khan TASI alleging therein that on 05.11.2016 at 10:00 a.m. the petitioner alongwith his co-accused abducted Mst. Shabina Noor and committed zina with her.
3. Heard. Record perused.
4. It divulges from record that although the petitioner is nominated in the crime report but it has been observed that on the same day F.I.R. No. 742/2017 under Sections 365-B/376/511, P.P.C. was also registered at Police Station B.Z. Multan regarding abduction and zina of one Noor-ul-Aen but admittedly she was also present on the front seat of said vehicle but at that time the alleged victim of this case Mst. Shabina Noor did not lodge any complaint rather the instant case was lodged after the delay of more than seven hours. In the said F.I.R. the present petitioner has already been allowed bail by the learned Additional Sessions Judge on 01.07.2017. Similarly in the instant case co-accused Khalid has also been allowed bail on 19.12.2016 by the learned Additional Sessions Judge. Although the alleged victim got recorded her statement under Section 164, Cr.P.C. but the same was got recorded on 07.12.2016, i.e. with the delay of more than 1% month and during said period she remained with her parents, hence due deliberation and consultation cannot be ruled out. It is also a circumstance that till today no report of Chemical Examiner or D.N.A. is available on record to connect the petitioner with the commission of crime. As the medical evidence does not support the version of the complainant and reports of Chemical Examiner and D.N.A. are not available, therefore, the prosecution is left with oral assertion of the abductee without any other corroboration that too at belated stage. Due to above-mentioned reasons, the case of the petitioner has become one of further inquiry as completed in sub-section (2) of Section 497, Cr.P.C.
The petitioner is behind the bars since his arrest and investigation to his extent is already complete.
No useful purpose would be served by keeping the petitioner behind the bars.
5. Consequently, this petition is allowed and the petitioner Bashir Ahmad is enlarged on bail subject to this furnishing bail bonds in the sum of Rs. 2,00,000/- (Rupees two lac) with one surety in the like amount to the satisfaction of the learned Trial Court.