MUHAMMAD BILAL vs THE STATE
The petitioner Muhammad Bilal sought post-arrest bail in case F.I.R. No. 42 of 2001 registered at Police Station Shujabad, District Multan, under sections 16, 7, and 79 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 read with sections 380 and 411 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to post-arrest bail considering the tentative assessment of the material, lack of direct evidence regarding the Zina charge, and the applicability of the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. The Lahore High Court held that the offences under sections 380 and 411 of the Pakistan Penal Code 1860 did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, and the allegations concerning the Zina laws required further probe and inquiry under subsection (2) of section 497. Consequently, the court admitted the petitioner to post-arrest bail. The key principle laid down is that where offences do not fall within the prohibitory clause and require further inquiry, bail should be granted as a matter of judicial discretion.
- Whether offences under sections 380 and 411 of the Pakistan Penal Code 1860 fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when allegations under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 require further probe and inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Does the absence of direct eyewitnesses to the commission of Zina justify the release of an accused on post-arrest bail?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 7, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 79, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 380, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Muhammad Bilal petitioner has sought his post-arrest bail through the present petition in case F.I.R. No,42 of 2001 registered at Police Station, Shujabad, District Multan under sections 16/7/79 Offence of Zina (Enforcement of Hadood) read with sections 411/380, P . P. C .
2. Briefly, the allegation as levelled in the F.I.R. Is that the first informant who is husband of co- accused Mst. Amiran came to know that Mst. Amiran had developed relationship with Muhammad Bilal (petitioner). It is further stated in the F.I.R. That the complainant stopped the petitioner from visiting his place. According to the F.I.R. On 8-2-2001 Mst. Amiran who was alone in the house left the house in the absence of the complainant. Subsequently, the complainant was informed by P.Ws Nazar Hussain and Muhammad Hanif that Mst, Amiran and Bilal petitioner were going together.. It is further alleged in the F.I.R. That some ornaments, clothes and Rs,1,14,000 (rupees one lac and fourteen thousand) were also stolen.
3. The petitioner was arrested on 14-3-2001 and allegedly led to the recovery of Rs,10,000 and gold ear-rings on 23-3-2001 from his 'Dera' .
4. I have heard the learned counsel for the parties and have also perused the record of the case. It has been conceded by the Investigating Officer who is present in Court that at the time of arrest of the petitioner Mst. Amiran was not with him and in fact she had been arrested earlier on i.e, on 9-3- 2001. It has also been conceded that there is no witness to the effect who had seen the petitioner committing Zina with Mst. Amiran. A perusal of the F.I.R. Shows that the complainant had tried to bring evidence of extrajudicial confession on record but even this extrajudicial confession does not show that the petitioner had been committing Zina with Mst. Amiran. There is a delay of five days in reporting the matter to the police. The offences under sections 380/411, P.P.C. Do not fall within the prohibitory clause of section 497, Cr.P.C. While the allegations under sections 10/16/7/79 Offence of Zina (Enforcement of Hadood) need further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C.
5. In the circumstances, I am inclined to release the petitioner on bail subject to his furnishing bail bond in the sum of Rs,1,00,000 (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge.