NOOR AFZAL vs STATE and others
This criminal petition seeks post-arrest bail on behalf of the petitioner, Noor Afzal, who is implicated along with his co-accused in the abduction and sexual abuse of a victim, with Section 376(ii) of the Pakistan Penal Code subsequently added during the investigation. The core legal question is whether the petitioner is entitled to post-arrest bail considering his old age, the recovery of the victim, and the completion of the investigation against him. The Lahore High Court held that the petitioner is part of a gang involved in abducting and selling women, an offence that prima facie falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure, and that mere old age is insufficient to grant bail in such heinous crimes. The court established the principle that involvement in human trafficking and abduction rings operating against vulnerable women precludes the grant of post-arrest bail, dismissing the petition.
- Whether old age alone constitutes a sufficient ground for the grant of post-arrest bail in heinous offences?
- Does an offence involving the abduction and selling of women fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to post-arrest bail merely because the victim has been recovered and the investigation is complete?
- Section 376(ii), Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
MAZHAR IQBAL SIDHU, J.---Qammer Shehnaz, the victim was abducted to sexually abused by the petitioner and his accomplices. Partway investigation, offence under section 376(ii), P.P.C. was also added to the FIR.
2. Learned counsel for the petitioner has argued that Noor Afzal petitioner is sexagenarian and the victim has already been recovered; qua him investigation is complete and now to keep him behind the bars would not be lucrative to the prosecution case, therefore, instant petition may be allowed.
3. Learned DPG assisted by learned counsel for the complainant has opposed the submissions feverishly.
4. Tripartite arguments heard. Record perused.
5. The order sheet of this petition is very relevant to dispose of instant application. Petitioner and his co-accused were functioning as gang of abducting and selling the women. By the intervention of this court, the victim was recovered from District Sherani, the Province of Balochistan and police case diaries depict that the victim was being held as chattel by selling her from one hand to another, oh' a pity. The petitioner is a member of vice-ring. Islam attributes esteemed respect to women and so far their rights are concerned, they have also been made share-holders in the properties/bequests of their parents as well as husbands, the offence alleged prima facie falls within the prohibitory clause of section 497, Cr.P.C. Mere old age is no ground to allow this petition, therefore, no case for the grant of post arrest bail is made out in favour of the petitioner. Thus, the instant petition stands dismissed.