LAKHWERA alias LAKHA vs THE STATE
The petitioner sought post-arrest bail in a case registered under Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No. 92 of 1997 at Police Station Chak Bedi, District Pakpattan Sharif, on the allegation of attempting to commit Zina-bil-Jabr. The core legal question was whether the petitioner was entitled to post-arrest bail considering the statutory delay in the conclusion of the trial and his incarceration period. The Lahore High Court held that since the petitioner had been in jail since December 1997, only two witnesses had been examined so far, and the conclusion of the trial was not within sight, the petitioner made out a case for bail. The court laid down the principle that protracted and delayed trial without fault of the accused constitutes a ground for grant of post-arrest bail even in heinous offences, and accordingly allowed the petition.
- Whether protracted trial and prolonged incarceration entitle an accused to post-arrest bail in a charge of attempt to commit Zina-bil-Jabr?
- Can bail be refused to an accused solely on the ground that his earlier pre-arrest bail was recalled?
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' The petitioner seeks his post-arrest hail in a case registered against him under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Chak Bedi, District Pakpattan Sharif, vide F.I.R. No,92 of 1997, dated 28-3-1997. The allegation against the petitioner is that he attempted to commit Zina-bil-Jabr with Mst. Nasim Bibi neice of the complainant.
2. The petitioner was granted bail before arrest by learned Sessions Judge, Pakpattan Sharif on 23- 4-1997 which was recalled by this Court on 11-12-1997 observing that he shall be at liberty to consider the application of the petitioner for bail after arrest. The application of the petitioner for post-arrest has been dismissed by the learned Sessions Judge on 23-12-1999.
3. Learned counsel submits that the allegation against the petitioner is that he made an attempt to commit Zina-bil-Jabr with Mst. Nasim Bibi. Learned Sessions Judge has Jefused bail to the petitioner on the sole ground that earlier bail before arrest allowed to the petitioner was recalled by this Court. He further submits that only two witnesses have been examined by the learned trial Judge so far and conclusion of trial is not within sight.
4. Bail petition has been opposed by the learned State Counsel by submitting that a heinous offence has been committed by the petitioner.
5. I have heard the learned counsel for the parties and gone through the record. The petitioner allegedly made an attempt to commit rape with Mst. Nasim Bibi. He is in jail since 11-12-1997. Trial although has commenced but is not likely to be concluded in the near future. So far only two witnesses have been examined by the trial Court. In these circumstances, petitioner is admitted to bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court. The petition is accordingly allowed.##TE#