MUHAMMAD YAQOOB Versus THE STATE
This matter concerns two petitions for post-arrest bail filed by Muhammad Yaqoob and Zahoor Ahmad, who were implicated in F.I.R. No. 116 registered at Police Station Liaquatpur for offences under the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the petitioners were entitled to bail given the circumstances of the investigation and the delay in reporting the incident. The Court observed that there was a significant delay in reporting the matter to the police. Furthermore, the investigation revealed that the initial allegations were found to be incorrect, resulting in the complainant's status being lowered to that of an accused, and several individuals, including one of the petitioners, were found innocent during the investigation. Consequently, the Court held that the allegations against the petitioners required further probe and inquiry. Applying the principle under Section 497(2) of the Code of Criminal Procedure 1898, the Court concluded that the petitioners had made out a case for further inquiry and admitted them to post-arrest bail, subject to the furnishing of bail bonds.
- Does a significant delay in reporting an offence to the police provide grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted when investigation findings contradict the initial allegations in the FIR?
- Is the lowering of a complainant's status to an accused during investigation a relevant factor for granting bail to the petitioners?
- Section 10(2), Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(3), Offences of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Muhammad Yaqoob son of Muhammad Hussain petitioner through Criminal Miscellaneous No.817/B of 2003 and Zahoor Ahmad son of Muhammad Hussain through Criminal Miscellaneous No.1030/B of 2003 have sought their post-arrest bail in case F.I.R. No.lI6 registered at Police Station Liaquatpur, for offences under sections 11/10(3) of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979 on 11-4-2003. During investigation both the offences were deleted and were substituted by section 10(2) of the Ordinance.
2. As both the matters relate to the same F.I.R. and the facts, I decide the same through this single order.
3. Briefly, the relevant facts. of the case are that on 5-3-2003 Mst.Hajiran Bibi and Muhammad Shafi on a false pretext made Mst. Rauf Siddiq complainant accompany them. The complainant was taken to the house of Muhammad Yaqoob, where Muhammad Yaqoob-petitioner and Muhammad Riaz allegedly committed Zina with her. It was added in the F.I.R. that thereafter Zahoor Ahmad petitioner abducted the complainant, took her to Sahiwal and kept her there for more than a month. However, the complainant succeeded in returning to her house and after ten days reported the matter to the police.
4. I have heard the learned counsel for the parties and gone through the record. It has been noticed that the matter was not reported to the police for a considerable delay either by Mst. Rauf Siddiq or her parents, that during investigation the allegations levelled in the F.I.R. were found to be incorrect inasmuch as the status of Mst. Rauf Siddiq was lowered from that of complainant to accused; that Mst. Hajiran, Muhammad Shafi and Muhammad Yaqoob were found to be innocent during investigation. In these circumstances, the allegations against the petitioners need further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C., therefore, the petitioners are admitted to bail, subject to their furnishing bail bonds in the sum of Rs.50,000 (fifty thousand) each, with one surety each, in the like amount to the 'satisfaction of the trial Court.
H.B.T./M-2406/L Bail granted.
Cited by 1 case
- Mst. SAJIDA alias SAJO vs THE STATE 2005 YLR 649