MANZOOR MASIH vs THE STATE
The petitioner, Manzoor Masih, sought post-arrest bail in case F.I.R. No. 567 of 1998 registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Shera Kot, Lahore, for the alleged abduction of Mst. Nasreen Bibi. The core legal question was whether the petitioner, being the father of the main co-accused who contracted a free-will marriage with the alleged victim, was entitled to post-arrest bail when the challan had been submitted and trial had commenced. The Lahore High Court held that since the principal accused woman and her husband had already been granted bail and the challan had been submitted, keeping the petitioner behind bars for an indefinite period would serve no useful purpose. The court laid down the principle that pre-trial incarceration of an accused whose co-accused have been granted bail and where trial has commenced is unwarranted when no useful purpose is served by further detention.
- Whether post-arrest bail should be granted to an accused when the principal co-accused have already been enlarged on bail and trial has commenced?
- Is continued incarceration justified when no useful purpose would be served by keeping the accused in custody for an indefinite period?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. ' Manzoor Masih son of Raja Masih, petitioner seeks post-arrest bail in case F.I.R. No,567 of 1998, dated 9-7-1998, under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station, Shera Kot, Lahore for abduction of Mst. Nasreeen Bibi, daughter of complainant Ishaque Masih.
2. ' After arrest bail was refused to the petitioner by learned Additional Sessions Judge, vide order, dated 12-5-2001.
3. ' Learned counsel for the petitioner and for the State have been heard exhaustively and the record has been perused.
4. 'Mst. Nasreen Bibi was also arrayed as an accused in the case as she eloped on her own with Nadeem son of the present petitioner and contracted marriage with her own free-will. Both Mst.
5. Nasreen and Nadeem were granted bail in the case and are facing trial. The petitioner is father of Nadeem co-accused. Challan of the case has been submitted and trial has already commenced.
6. No useful purpose can be served by keeping the petitioner behind the bars for an indefinite period, therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.