ZAWAR HUSSAIN and another vs THE STATE
This petition for pre-arrest bail arose from F.I.R. No. 111 of 1999 registered at Police Station Jatoi, District Muzaffargarh, under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioners were accused of abducting the complainant's daughter and grandson after allegedly drugging the complainant's family. The core legal question addressed by the Court was whether a High Court should entertain a petition for pre-arrest bail directly when the petitioners had bypassed the court of original jurisdiction, namely the Court of the Sessions Judge. The Court held that the petition was not maintainable because the petitioners failed to provide any reasonable explanation or justification for failing to approach the Sessions Judge first. Consequently, the Court declined to examine the merits of the case and dismissed the petition in limine. The key principle laid down is that a High Court will generally not entertain a direct petition for pre-arrest bail unless the petitioner demonstrates valid and compelling reasons for bypassing the Sessions Court, which serves as the court of original jurisdiction.
- Can a High Court entertain a petition for pre-arrest bail directly without the petitioner first approaching the Sessions Court?
- Is a valid justification required for bypassing the court of original jurisdiction when filing for pre-arrest bail in the High Court?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Petitioners seek pre-arrest bail in case registered vide F.I.R. No,111 of 1999 at Police Station Jatoi, District Muzaffargarh under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The brief of the case are that complainant Allah Bachaya submitted an application to the S.H.O.
For registration of a case against petitioners Nos. 2, 3 and others for abduction of his daughter Mst.
Kalsoom petitioner No,1 during the night of 1-3-1999. It is alleged in the F.I.R. That petitioners Nos.2 and 3 alongwith others came in the house of the complainant with sweets which was distributed among the members of his family. After eating the sweet some of the members of the family of the complainant became unconscious. At about 4-00 a.m. When he gained senses found his daughter Mst. Kalsoom petitioner No,1 and is grandson Muhammad Wan missing from the house. He suspected the accused named in the F.I.R, went to their house which was found locked and accused missing. P.Ws. Told complainant that they saw Mst. Kalsoom and Muhammad Irian at Wagon Adda in the company of the accused. When the accused were contacted they have been promising to return Mst. Kalsoom and Muhammad Irfan but subsequently they declined whereafter the complainant got case registered on 5-3-1999.
3. Petitioners have not approached the learned Sessions Judge for the grant of pre-arrest bail, the Court of first instance. 'There is no justification to entertain this petition directly without approaching the Court of original jurisdiction. No reasonable explanation has been furnished for not approaching the learned Sessions Judge for pre-arrest bail am not inclined to go into the merits of the case as no valid justification for not approaching the learned Sessions Judge has been shown. The petition is accordingly dismissed in limine.