MUHAMMAD AMIR HUSSAIN Versus State
This matter arises from a petition for post-arrest bail filed by Muhammad Amir Hussain in relation to F.I.R. No. 279 of 2004 registered under sections 365, 363, 343, 148, and 149 of the Pakistan Penal Code and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Luddan, District Vehari. The core legal question concerns whether the petitioner was entitled to post-arrest bail considering the delay in lodging the F.I.R., the prolonged incarceration without the commencement of trial, non-recovery of the weapon, absence of specific allegations of Zina against the petitioner, and a compromise or affidavit of innocence by the complainant. The Lahore High Court held that the cumulative effect of these factors brought the case within the scope of further inquiry under the law. The petition was accordingly allowed, and bail was granted to the petitioner subject to furnishing appropriate sureties.
- Whether delay in lodging the F.I.R. can constitute a ground for further inquiry warranting the grant of post-arrest bail?
- Does the absence of recovery of a weapon attributed to an accused justify the grant of bail?
- Whether an affidavit of innocence by the complainant can be considered in favour of granting bail to an accused?
- Does prolonged incarceration without the likelihood of a near-future trial bring a case within the ambit of further inquiry?
- Section 365, Pakistan Penal Code 1860
- Section 363, Pakistan Penal Code 1860
- Section 343, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
NAZIR AHMAD SIDDIQUI, J.--- Petitioner seeks post-arrest bail in a case registered vide F.I.R. No.279 of 2004, dated 10-7-2004 under sections 365/363/343/148/149, P.P.C. and section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, at Police Station Luddan District Vehari.
2. As per F.I.R. the accused named therein armed with the respective weapons abducted the, complainant as well as his family members from his house and locked them in a room situated in Khairpur Tamewali. Later on section 10 (ibid) has been added on the statement of Mst. Irshad Bibi, one of the alleged abductees.
3. Arguments heard. Record perused.
4. There is a delay of 8 days in lodging the F.I.R.; that the petitioner is behind the bars since 29-12-2004 and there is no likelihood of commencement of the trial in near future as only incomplete challan has so far been submitted; that the petitioner was allegedly armed with .12 bore gun at the time of alleged occurrence .but the same was not recovered from him and even there is no allegation that he had used the same, that Mst. Irshad Bibi one of the alleged abductees had not levelled any allegation of Zina against the petitioner rather it was stated by her that:-
She has levelled the allegation of Zina against the co-accused Rabnawaz who is still absconding; that as per affidavit of the complainant also placed on this file, he found the petitioner innocent after having been satisfied with a plea of innocence and it has also been stated in the said affidavit that he has no objection if the petitioner is enlarged on bail; that no motive has been attributed to the petitioner.
5. All the above factors taken together bring the case of the petitioner within the ambit of further inquiry hence, this petition is allowed by admitting the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rs. one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.
H.B.T./M-299/L Bail granted.