Sayed MUHAMMAD RAZA vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Syed Muhammad Raza, who was charged under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for the alleged abduction of the complainant's daughter. The core legal question was whether the petitioner was entitled to bail given the circumstances of the alleged abduction and the evidentiary material presented. The Court observed that there was no allegation of Zina against the petitioner, and the prosecution's claim of abduction appeared weak, particularly as eyewitnesses—who were close relatives of the complainant—failed to intervene or raise an alarm during the alleged incident. Furthermore, the Court noted that a co-accused facing similar allegations had already been granted bail. Holding that there were no reasonable grounds to believe the petitioner was guilty of an offence punishable by death or life imprisonment, the Court determined the case fell within the scope of further inquiry. Consequently, the petition was accepted, and bail was granted, establishing the principle that where the prosecution's case lacks prima facie substance regarding the essential ingredients of an offence, the accused is entitled to bail under the provisions of further inquiry.
- Does the absence of an allegation of Zina in a case registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 impact the grant of bail?
- When does a criminal case qualify for bail under the principle of further inquiry pursuant to Section 497(2) of the Code of Criminal Procedure 1898?
- Is the failure of eyewitnesses to intervene during an alleged abduction a relevant factor for the court to consider when deciding a bail application?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Syed Muhammad Raza petitioner aged about 20 years was arrested on the 29th of October, 1999 and is in jail ever since awaiting his trial in pursuance of a case registered vide F.I.R. No,388 of 1999, dated the 23rd of October, 1999, recorded under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station, Hanjarwal, Lahore, regarding an occurrence which took place on the 21st October, 1999 in the area of Mohallah Matman, Niaz Baig, which is at a distance of I-1/2 Kilometer from the police station where the F.I.R. Was lodged on the 23rd of October, 1999 by Mst. ParVeen Bibi.
2. According to the prosecution, Syed Muhammad Raza petitioner alongwith three others abducted the complainant's daughter Mst. Naiver Batool.
3. Learned counsel for the petitioner contends that the ingredients of section 11 of Ordinance VII of 1979, are missing, inasmuch as, there was no abduction or kidnapping or enticement within the meaning of the said section: and out of the three eyewitnesses, two are brothers of complainant Mst. Parveen Bibi while the 3rd namely Rashid is her brother-in-law and that the co-accused Mst.
Aqdas against whom there is a similar allegation is already on bail.
4. Admittedly, there is no allegation of Zina against the petitioner and, prima facie, it seems that there was no kidnapping or abduction or enticement within the meaning of section 11 of Ordinance VII of 1979.
' According to the prosecution, three persons saw Mst. Naiver Batool abductee going in the company of the accused persons without, raising any hue and cry. Out of these, three persons, two are stated' to be the real brothers of complainant Mst. Parveen Bibi while the third is said to be her brother-in-law who could have resisted and pre-empted the accused persons from kidnapping or abducting Mst. Naiver Batool.
5. From the facts and circumstances of the case reasonable ground to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life imprisonment for ten years, prima facie, do not seem to exist. However, the case against the petitioner may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles the petitioner to the grant of bail.
6. Resultantly, this petition is accepted and the ' petitioner is granted bail provided he furnishes, bail bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.