MUHAMMAD ASLAM Versus THE STATE
The petitioner Muhammad Aslam sought post-arrest bail in case F.I.R. No. 154 registered on 8-6-2002 at Police Station Chehlyak, Multan, for an offence under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question concerned whether the petitioner was entitled to bail on merits and on the principle of parity with a co-accused. The Lahore High Court held that since four co-accused were found innocent, the victim Mst. Safia Bibi was not recovered from the petitioner's custody or company at the time of arrest, and another co-accused assigned a similar role had already been granted bail, the petitioner was entitled to the concession of bail. The court laid down the principle that bail should be granted on the ground of parity when similarly placed co-accused have already been admitted to bail.
- Whether an accused is entitled to post-arrest bail on the principle of parity when a co-accused with a similar role has already been granted bail?
- Does the absence of the victim's recovery from the custody of the accused at the time of arrest constitute a ground for granting bail in an offence under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
Muhammad Aslam petitioner has sought his post‑arrest bail in case F.I.R. No. 154 registered at Police Station Chehlyak, Multan on 8‑6‑2002 for an offence under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. According to the F.I.R. the complainant was informed by Majeed Ahmad that Mst. Safia B:bi was missing and could not be traced. On 31‑5‑2002, the P. Ws. informed the complainant that Mst. Safia Bibi was seen in the company of the petitioner and 5 others.
3. The petitioner was arrested in this case on 27‑6‑2002 and is in judicial lock‑up.
4. I have heard the learned counsel for the parties and have also gone through the record of the case. Four co‑accused of the petitioner namely Muhammad Nasir, Muhammad Azhar, Muhammad Imran and Maqbool were found to be innocent. At the time of arrest of the petitioner Mst. Safia Bibi was not found either in the company of the petitioner or in the custody of the petitioner. Co‑accused Khurram Abbas who was assigned a similar role has already been admitted to bail. The petitioner deserves concession of bail on the principle of parity.
5. For what has been discussed above I admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M‑1479/L Bail granted.