MUHAMMAD RIAZ Versus THE STATE
This matter comes before the Lahore High Court through a criminal petition filed by Muhammad Riaz seeking post-arrest bail in case F.I.R. No. 535 registered on 26-12-2001 at Police Station Qaboola Sharif, District Pakpattan Sharif, for an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question is whether the petitioner is entitled to post-arrest bail given the delayed F.I.R., the abortive nature of the alleged attempt, the lack of medical examination, and the completion of the investigation. The court held that the case calls for further inquiry into the guilt of the petitioner under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The petition was accordingly allowed, and bail was granted subject to furnishing suitable bail bonds. The key principle laid down is that where an investigation is complete and the applicability of penal provisions remains doubtful due to lack of medical evidence and delayed reporting, the case falls within the purview of further inquiry warranting the grant of bail under section 497(2), Cr.P.C.
- Whether delayed registration of an F.I.R. and lack of medical examination make a case one for further inquiry under section 497(2), Cr.P.C.?
- Does the completion of investigation and non-requirement of physical custody justify the grant of post-arrest bail in abortive attempts at crime?
- Whether an unverified applicability between section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 354, P.P.C. warrants bail pending trial?
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 354, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Through this petition Muhammad Riaz petitioner has sought post‑arrest bail in case F.I.R. No. 535 registered at Police Station Qaboola Sharif, District Pakpattan Sharif on 26‑12‑2001 for an offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. After hearing the, learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of four days. The allegation against the petitioner pertains only to an attempt to commit of Zina‑bil‑Jabr with Mst. Fayyaz Bibi, which attempt has admittedly remained abortive. It is not disputed that Mst. Fayyaz Bibi was never subjected to any medical examination. In the peculiar circumstances of this case it is still not clear whether the allegation leveled against the petitioner in the F.I.R. attracts an offence under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 or an offence under section 354, P.P.C. The investigation of this case has already been completed and, therefore, physical custody of the petitioner is no longer required for the purpose investigation.
3. For what has been discussed above the case against the petitioner calls fob further inquiry into his guilt within the purview of subsection (2) or section 497, Cr.P.C. This petition is therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
S.M.A.H./M‑1215/L Bail granted.