Mst. RUQIYA BIBI vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Mst. Ruqiya Bibi, who was charged under sections 16 and 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, following allegations of elopement. The core legal question before the Lahore High Court was whether the petitioner, a married woman and mother of five children, was entitled to the concession of bail given the circumstances of the case and the status of the investigation. The Court, upon considering the arguments presented, noted that the petitioner had been in judicial custody since September 8, 2000, was no longer required for investigative purposes, and that several co-accused had been declared innocent during the process. Consequently, the Court held that the petitioner was entitled to bail. The judgment reinforces the principle that the gender of the accused, the duration of pre-trial incarceration, and the necessity of continued detention for investigation are critical factors in exercising judicial discretion to grant bail in non-prohibitory or even serious offences, provided the statutory requirements for bail bonds are met.
- Is a woman with minor children entitled to bail in a case under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Does the fact that co-accused have been declared innocent provide grounds for the grant of bail to the remaining accused?
- When is an accused person no longer required for investigation purposes in a criminal case?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Seeks bail in a case F.I.R. No,153 of 1999, dated 3-5-1999 under sections 16/10 of Offence of Zina (Enforcement of Hudood) Ordinance, VII, 1979, registered at Police Station Malka Hans, District Pakpattan Sharif, on the statement of Atiqullah who alleged that his sister Mst. Ruqiya, petitioner, who is married to Muhammad Younus and has five children from the wedlock eloped with co- accused Manzoor, and Shah Rasool, Muhammad Abbas, Manzoor Wattoo and Mst. Sakina abetted the offence.
2. Learned counsel for the petitioner seeks bail on the ground that case is false and frivolous.
Petitioner is a mother of five children; that the four co-accused have been declared innocent. The petitioner is in judicial lock-up since 8-9-2000 and is not required for the investigation.
3. Learned counsel for the State opposing the bail application of the petitioner stated that the petitioner is involved in a heinous nature case and she is not entitled to grant bail. She eloped with Manzoor Ahmad son of Abdul Aziz, with whom she has illicit relations.
4. Heard.
5. Petitioner is a woman and has five children from the wedlock. She is in judicial lock-up.
6. In the aforesaid circumstances the petitioner is allowed bail subject to her furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of trial Court.
Cited by 1 case
- Mst. GUL KHATOON alias GUKKI vs THE STATE 2009 PLD Karachi 33