MANZOOR AHMAD vs THE STATE
This matter arises from a criminal petition for post-arrest bail filed in connection with F.I.R. No. 153 of 1999 registered under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Malika Hans, District Pakpattan Sharif, on allegations of enticing away the petitioner's sister. The core legal question is whether the petitioner is entitled to post-arrest bail given the lack of direct evidence of rape, the pendency of a dissolution of marriage suit by the alleged abductee, and the rule of further inquiry under section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that the petitioner's case falls within the scope of further inquiry under subsection (2) of section 497, Code of Criminal Procedure 1898, noting that four co-accused were declared innocent during investigation and the principal co-accused was already granted bail. The petition was accordingly allowed and the petitioner admitted to bail. The key principle laid down is that where direct evidence is lacking and circumstances suggest a matrimonial dispute, the case warrants further inquiry under section 497, Code of Criminal Procedure 1898, making the accused a fit case for bail.
- Whether absence of direct evidence of rape entitles an accused to post-arrest bail under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Does the pendency of a suit for dissolution of marriage at the time of registration of a criminal case create grounds for further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when co-accused have been declared innocent during investigation and another co-accused has already been released on bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
' Petitioner alongwith four others were proceeded against vide F.I.R. No,153 of 1999, dated 3-5-1999 under sections 10/16, Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Police Station Malika Hans, District Pakpattan Sharif on the allegation that they enticed away petitioner's sister Mst. Ruqiya Bibi wife of Muhammad Younis.
2. Learned counsel for the petitioner submits that the petitioner is innocent; that Mst. Ruqiya Bibi is a married woman having five children; that at the time when the case was registered her suit for dissolution of marriage was pending before the learned Judge, Family Court; that four, out of five accused, have been declared innocent during investigation that co-accused Mst. Ruqiya was allowed bail by this Court on 29-11-2000; that there is no evidence of rape against the petitioner; that he is behind the bar for the last six months and there is no likelihood of commencement of the trial in the near future.
3. Learned State Counsel opposed the prayer for bail by submitting that the petitioner is accused of an offence which falls within the prohibitory clause of section 497, Cr.P.C., therefore, he does not deserve bail.
4. Heard.
5. Admittedly, there is no direct evidence of rape against the petitioner. The alleged abductee Mst.
Ruqiya Bibi is an elderly woman and mother of five children and her suit for dissolution of marriage was pending when the case was registered. In the afore-referred circumstances the question of petitioner's guilt would require further inquiry. This petition is allowed and subject to petitioner's furnishing bail bonds in the sum of Rs,30,000 with two sureties each in the like amount to the satisfaction of the learned trial Court, he shall be released on bail.
Cited by 1 case
- Mst. HAJIRAN BIBI vs THE STATE 2003 P Cr. L J 1747