TAHIR alias TAHIRA vs THE STATE
This matter comes before the Lahore High Court through a petition filed by Tahir alias Tahira seeking post-arrest bail in case F.I.R. No. 25 registered under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Satiana, District Faisalabad, on allegations of Zina-bil-Jabr. The core legal question concerns whether the petitioner makes out a case for further inquiry under section 497(2) of the Code of Criminal Procedure, 1898, given the delayed F.I.R., lack of corroborative medical and chemical evidence, enmity of an eye-witness, and exoneration of a co-accused. The Court holds that the case calls for further inquiry into the guilt of the petitioner, as investigation is complete, challan has been submitted, and continued incarceration would serve no useful purpose. The petition is accordingly allowed, and the petitioner is admitted to post-arrest bail. The key principle laid down is that where material contradictions, unexplained delays, absence of corroborative medical evidence, and enmity of witnesses cast doubt on the prosecution's allegations, the case falls within the ambit of further inquiry, warranting the grant of bail under section 497(2) of the Code of Criminal Procedure, 1898.
- Whether delayed registration of an F.I.R. coupled with negative chemical and medical reports justifies grant of post-arrest bail?
- Does the exoneration of a co-accused by the police weaken the prosecution's case against the remaining accused for the purpose of bail?
- Is a case considered one of further inquiry under section 497(2) of the Code of Criminal Procedure, 1898 when eyewitnesses are shown to have enmity with the accused party?
- Whether the submission of a challan and completion of investigation makes the continued incarceration of an accused unnecessary?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 164, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
' Through this petition Tahir alias Tahira petitioner has sought post-arrest bail in case F.I.R. No,25 registered at Police Station Satiana, District Faisalabad on 24-1-2000 for an offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The allegation against the petitioner is that six days prior to the registration of the said F.I.R. He had subjected Mst. Shahnaz, a sister of the complainant to Zina-bil-Jabr.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of six days. The medical examination of Mst. Shahnaz, the alleged victim, shows no mark of violence on any part of her body. The report of the Chemical Examiner regarding vaginal swabs of Mst. Shahnaz is in the negative. No blood-stained clothes of the alleged victim had been secured during the investigation of this case. No statement under section 164, Cr.P.C. Of Mst. Shahnaz had been recorded in this case. It has not been disputed by the learned counsel for the State that Umra co-accused has already been declared innocent by the police. In view of which declaration of innocence regarding Umra co-accused the prosecution's story regarding stopping of the prosecution witnesses by him at gun-point from rescuing the victim has prima facie suffered a setback. Khalid and Akbar P.Ws., mentioned in the F.I.R. As eye-witnesses, admittedly belong to a different village than the village of occurrence and the learned counsel for the petitioner has shown certain documents to this Court according to which there exists serious enmity between Akbar P.W. And the accused party of this case. The said Akbar P.W. Happens to be a maternal-uncle of Mst. Shahnaz. The challan in this case has already been submitted before the Court of competent jurisdiction after finalization of investigation and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
Cited by 3 cases
- MUHAMMAD TARIQ ILYAS Versus State 2018 YLRN 224
- Syed NAVEED ALI vs THE STATE 2009 YLR 938
- SAIF ULLAH SINDHU vs THE STATE 2005 MLD 982