Mst. SHAHIDA PARVEEN vs THE STATE And Another

ORDER

Mst. Shahida Parveen petitioner has already been granted bail bar this Court vide order dated 29- 1-1995 in a case registered against her vide F.I.R. No.579, dated 1-12-1994 at Police Station People's Colony, Faisalabad, alleging the commission of offences under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 379, P.P.C.

Notwithstanding the order of this Court the petitioner has not been released by the Superintendent of Jail ostensibly on the ground that the remand order available in the jail record also mentions section .10 in addition to section 11 of the said Ordinance. Hence, this petition.

2. Under section 154, Cr.P.C. Every information relating to the commission of a cognizable offence if given orally to an Officer Incharge of a Police Station shall be reduced to writing and every such information whether given writing or reduced to writing as aforesaid, shall be signed by the person giving it and the substance thereof shall be entered in a book to be kept by such officer. This is what is commonly known as an F.I.R. It contains in pith and substance the allegation being levelled revealing the commission of a cognizable offence. What offence it reveals is then a question of mechanics and methodology which is for the Investigating Agencies to examine.

3. Chapter XXXIX of the Code of Criminal Procedure deals with the question of the grant or refusal of bail to a person accused of having committed an offence as per the report lodged under section 154, Cr.P.C. Whenever a Court orders that an accused person in a particular F.I.R. Be released on bail, the order necessarily pertains to that particular F.I.R. In its entirety.

4. This practice of the Jail Authority which is now becoming rather common of not releasing an accused person notwithstanding a Court's order on the basis of hyper technicalities like the one in the present case is strongly deprecated.

5. Once a person has been granted bail by a Court and ordered to be released forthwith, his further detention by the jail authorities would actually be illegal detention for which citizens would be perfectly justified to sue for damages. The specification of the penal provision in the F.I.R. Or any related investigation paper does not control the contents of the narration of the F.I.R. 8 and the substance thereof. It is, therefore, directed that in future all jail authorities be careful in this matter because once a Court admits a person to bail then that person ceases to be in the custody of the jail authorities and is in the custodia legis of the Court. This application is accordingly accepted and disposed of.