QAMAR-UD-DIN vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was accused of offences under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the petitioner was entitled to bail given the findings of the police investigation and the delay in the trial. The court observed that the investigation, conducted by a D.S.P., concluded that the allegations were false, noting that the complainant had previously leveled similar false accusations against the petitioner. Furthermore, the alleged abductee had previously asserted in a writ petition that she was the wife of the petitioner. The police had prepared a cancellation report, which was approved by the S.P., and the petitioner had remained incarcerated for approximately ten months without the commencement of the trial. The court held that the police's cancellation report and the findings of innocence during the investigation brought the case within the ambit of 'further enquiry'. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail.
- Does the submission of a police cancellation report recommending the innocence of an accused bring a case within the ambit of 'further enquiry' for the purpose of bail?
- Can a petitioner be granted bail when the investigation concludes that the allegations are false and a cancellation report has been submitted?
- Is the fact that an alleged abductee has previously claimed to be the wife of the accused a relevant factor in determining bail in an abduction case?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Petitioner seeks post-arrest bail in case F.I.R. No,81 of 2001 dated 27-2-2002 registered under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Kot Adu, District Muzaffargarh.
2. Briefly, the facts of the case are that Abdul Rashid/father of the abductee namely Mst. Rani lodged report on 27-2-2001 that his daughter was abducted by the petitioner and Muhammad Ismail co-accused on 8-2-2001 she was forcibly made to.. Sit in a car with intention to commit Zina with her with help of Mst. Noor Jahan. P.Ws. Namely Raees and Khalid saw the accused and Mst.
Rani in the car driven by the accused. The efforts were made for the return of Mst. Rani through Punchayat but the accused refused, whereafter, the case was got registered after 19 days of the occurrence.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case, that he is behind the bars for the last about ten months and trial has not commenced
4. Learned State Counsel has opposed the bail.
5. Heard. Record perused.
6. The case was investigated by different Investigating Officers and incomplete challan was submitted. Subsequently, the investigation was entrusted to D.S.P., Kot Adu, who came to the conclusion that previously similar allegation was made by the complainant against the petitioner through case F.I.R. No, 195 of 2000 dated 28-7-2000 registered at Police Station City Kehror Pakka, said case was found false and cancelled. Later on, the complainant has roped the petitioner in the present case. The alleged abductee filed W.P. No, 8392 of 2000 in this Court. In para. No,4 of the said petition, she stated that she was wife of the present petitioner. The complainant party has not appeared before the D.S.P. During the investigation. He, after going through the record and the statement of the witnesses stated in Zimni No,21 dated 19-9-2001 that the case against the petitioner could not be established, therefore, he prepared cancellation report on 8-10-2001. The S.H.O. Was directed to submit supplementary challan, wherein, he recommended cancellation of the case. Both incomplete and supplementary challans are to be taken up together, therefore, no final order has been passed in the supplementary challan so far. The petitioner is behind the bars for the last about 10 months. He was found innocent during investigation. The report for cancellation has been submitted by the D.S.P., duly approved by the S.P. The allegation of the complainant, levelled in the belated F.I.R. In view of the cancellation report, submitted by the police brings his case within the ambit of "further enquiry".
7. For the reasons stated above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.