ZULFIQAR AHMED RAHAT vs THE STATE
This matter arises from a petition filed by Zulfiqar Ahmed Rahat seeking post-arrest bail in case F.I.R. No. 79 registered at Police Station City A-Division, Sheikhupura, for offences under sections 420 and 406 of the Pakistan Penal Code 1860, read with sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question concerns whether the petitioner is entitled to post-arrest bail in light of the considerable delay in lodging the F.I.R., dubious medical evidence, negative chemical examiner reports, and an underlying civil dispute over money. The Lahore High Court held that the case against the petitioner calls for further inquiry into his guilt under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The petition was consequently allowed and the petitioner admitted to bail. The key principle laid down is that where an F.I.R. is delayed significantly, medical evidence is inconclusive or negative, and an admitted civil dispute exists between the parties, the case falls within the purview of further inquiry warranting the grant of bail.
- Whether post-arrest bail can be granted when an F.I.R. is lodged with an inordinate delay of several years?
- Does a lack of corroborative medical evidence and a negative chemical examiner report justify further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can the existence of an outstanding civil dispute between parties influence the grant of bail in criminal proceedings?
- Section 420, Pakistan Penal Code 1860
- Section 406, Pakistan Penal Code 1860
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' On the last date of hearing i.e, 10-4-2000 the hearing of this bail petition was adjourned so as to await the result of investigation being conducted by the Senior Superintendent of Police, Sheikhupura but I have been informed today by the learned counsel for the State that so far the said investigation has not been finalized by the Senior Superintendent of Police Sheikhupura. A matter concerning liberty of a citizen cannot be adjourned or postponed for an indefinite period and, therefore, I have decided to proceed with the hearing of this bail petition so as to decide the same on its merits.
2. Through this petition Zulfiqar Ahmed Rahat petitioner has sought post-arrest bail in case F.I.R. No, 79 registered at Police Station City A-Division, Sheikhupura on 8-2-2000 for offences under sections 420/ 406, P.P.C. Read with sections 10Y11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
3. 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 after about five year of the alleged fraud, forgery and cheating by the present petitioner. It has further been noticed that allegedly a rape had been committed by the present petitioner in the month of June, 1998 but the same was complained against for the first time by the alleged victim namely Mst. Rashda Ashraf in the month of November, 1999 through Writ Petition No,20788 of 1999. Thus, even the alleged rape had been reported against with a delay of about 1-1/2 years. The medical evidence available with the prosecution shows that according to the doctor the rape had been committed upon the victim about 1-1/2 years prior to the medical examination. It has intrigued this Court as to how a doctor could render such an opinion after a passage of so much time. Even otherwise the said doctor had also opined that there was no fresh mark of violence on the body of the victim and also that there was no evidence available regarding her recent pregnancy. The medical evidence is also significantly silent about any evidence regarding recent sexual intercourse, whether forcible or otherwise, with the alleged victim. Even the report of the Chemical Examiner regarding vaginal swa bs of the alleged victim is in the negative. Admittedly there is an outstanding civil dispute and litigation over money between the present petitioner and the complainant party. Thus, even the allegation regarding fraud, cheating and forgery calls for further inquiry into the guilt of the present petitioner.
4. In view of what has been observed 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 in the sum of Rs,100,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.