ASHIQ ALI vs THE STATE
This matter concerns a petition for post-arrest bail filed by Ashiq Ali, who was arrested following a police raid on a building where he was allegedly found in a semi-naked condition with a woman, leading to charges under the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question was whether the petitioner was entitled to bail given the evidence presented in the First Information Report. The Court observed that there was no evidence on record to substantiate the charges under Sections 10 and 14 of the Ordinance against the petitioner. Regarding Section 18 of the Ordinance, the Court held that the applicability of its ingredients required further examination by the trial court. Consequently, the Court determined that the petitioner's case fell within the purview of Section 497(2) of the Code of Criminal Procedure 1898, which allows for bail when there is a need for further inquiry into the guilt of the accused. The petition was allowed, and the petitioner was admitted to bail subject to furnishing bail bonds.
- Does the discovery of an accused in a semi-naked condition during a police raid automatically satisfy the ingredients of Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- When does a criminal case fall within the purview of Section 497(2) of the Code of Criminal Procedure 1898 for the purpose of granting bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 14, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Ashiq Ali petitioner seeks grant of post-arrest bail in the case F.I.R. No,10 of 2002 dated 8-1-2002 registered under sections 10/14/18 of the Offence of Zina (Enforcement of Hudood) Ordinance VIII of 1979 at Police Station Iqbal Town, Lahore. Petitioner was arrested on the day of registration of this case. His application was dismissed by the . Additional Sessions Judge, Lahore vide order, dated 15- 1-2002. Hence the instant bail petition.
2. In nutshell the story of the prosecution as narrated in the F.I.R. Is that upon a secret information about the availability of Muhammad Zubair, a proclaimed offender, in the F.I.R. No,41, dated 1-2- 1990 under sections 148/302/307/452/149, P.P.C. Registered at Police Station Iqbal Town, Lahore, the police conducted a raid at Shah Nawaz Plaza, Moon Market, Iqbal Town, Lahore. During these proceedings from different rooms of the building many men and women were arrested who were allegedly committing Zina. Statedly, petitioner alongwith one Mst. Munazza was also found in one of the rooms in a semi-naked condition. The petitioner was arrested at the spot and present case was registered.
3. Heard. File perused.
4. Admittedly there is no evidence on record to attract the provisions of sections 10/14 of the ibid Ordinance qua the petitioner. According to the prosecution's own story at the time of raid the petitioner alongwith one Mst. Munazza was found I semi-naked condition. In these circumstances the question as to how far ingredients of section 18 of the said Ordinance would be attracted, is yet to be looked into by the trial Court and prima facie in the circumstances, case of the petitioner falls within the purview of section 497(2), Cr.P.C. Calling for further inquiry. Accordingly the instant petition is allowed, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of the trial Court.
Cited by 1 case
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