NOOR AFZAL vs STATE, etc.
This criminal matter arises from a post-arrest bail petition filed by the petitioner, Noor Afzal, who was accused along with his accomplices of abducting a woman named Qammer Shehnaz for sexual abuse, with Section 376 (ii) of the Pakistan Penal Code subsequently added during the investigation. The core legal question addressed by the court was whether the petitioner was entitled to post-arrest bail in light of his advanced age and the completion of the investigation, despite being implicated in a heinous gang operation involving the abduction and trafficking of women. The Lahore High Court held that the petitioner was not entitled to bail, reasoning that the prima facie allegations fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 and that mere old age does not constitute a sufficient ground for granting bail in such grave offences. The court accordingly dismissed the petition.
- Does old age alone constitute a sufficient ground for the grant of post-arrest bail in heinous offences?
- Whether an accused involved in a gang abducting and selling women is entitled to bail when the investigation is complete?
- Do offences involving the abduction and sexual abuse of women fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 376 (ii), Pakistan Penal Code
- Section 497, Code of Criminal Procedure 1898
ORDER
' Qammer Shehnaz, the victim was abducted to sexually abused by the petitioner and his accomplices. Partway investigation, offence u/S. 376 (ii), PPC 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 Baluchistan 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.