Mst. AFSHAN BIBI vs THE STATE
This matter originated from a petition for leave to appeal against an order of the Lahore High Court, which had granted bail to the petitioner, Afshan Bibi, in a case registered under the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. The High Court had imposed a specific condition that the petitioner could only be released upon furnishing bail bonds provided by her father. The petitioner challenged this condition, seeking its removal due to safety concerns and her desire to reside elsewhere. The Supreme Court of Pakistan addressed the core legal question of whether the High Court is competent to restrict the source of surety bonds in bail orders. The Court held that the High Court lacks the authority to impose such restrictive conditions on bail bonds. Consequently, the Court allowed the appeal, modifying the bail order to permit the petitioner to furnish surety of her own choice, while maintaining the original bail amount. The principle established is that an accused person is entitled to be released on bail upon furnishing surety of their own choosing, without being restricted to specific individuals.
- Is the High Court competent to impose a condition restricting the source of surety bonds in a bail order?
- Can a court mandate that bail bonds be furnished only by a specific person, such as the father of the accused?
- Does an accused person have the right to furnish surety of their own choice when granted bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
' RAJA AFRASIAB KHAN, J.---On 16th of May 1997, an order was passed by a learned Judge of the Lahore High Court. It reads as follows:- "Bail was granted to the petitioner Afshan Bibi in a case registered against her under the provision of section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, vide order of this Court, dated 2nd of May, 1997 and a condition was imposed that she will only be released on furnishing bail bonds by her father. Through this application, it is submitted that the said condition be removed so that she can live with someone else. I am afraid that the aforesaid condition cannot be removed. Hence, this application is dismissed."
' This petition for leave to appeal has been instituted by the petitioner against the impugned order.
2. Learned counsel argues that the High Court is not competent to impose condition on the bail bonds which are required to be furnished by the petitioner for her release.
3. Learned counsel appearing on behalf of the State is unable to point out any case-law to show that the High Court is authorized to impose condition on the release of the petitioner on bail. It is well-settled that the accused person can be released on bail on the strength of surety to be provided by him/her. Learned counsel has also stated that the petitioner has expressed her desire to be lodged in local Daral Aman. She also apprehends danger at the hands of her father. This being so, we modify the aforesaid bail granting order and say that the petitioner shall be released on furnishing surety of her choice in the same amount as directed by the High Court. With the above modification, this petition is converted into appeal and allowed.
Cited by 6 cases
- Javed Iqbal vs The State through D.A.G., Islamabad & another 2022 SCP 334
- Javed Iqbal vs The State through D.A.G., Islamabad and another 2023 SCMR 401
- INAYAT ULLAH vs The STATE and another 2015 P Cr. L J 1575
- MUHAMMAD AFZAAL vs SESSIONS JUDGE, MULTAN and 3 others PLJ 2010 Cr.0 (Lahore) 179
- MUHAMMAD AYUB Versus State 2007 PCRLJ 166
- Mst. NASIM MAI Versus THE STATE 2004 PCRLJ 1084