Dr. Akhlaq vs The State
This matter concerns a petition for post-arrest bail filed by Dr. Akhlaq, who was accused in F.I.R. No. 33/2003 registered under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Saddar, Kamoki, Gujranwala, for the alleged commission of zina-bil-jabr. The petitioner had previously been denied bail by the Additional Sessions Judge, Gujranwala. The core legal question was whether the petitioner was entitled to bail given the complainant's subsequent forgiveness and the delay in the petitioner's implication in the case. The Court held that, in light of the complainant's affidavit stating she had forgiven the accused and had no objection to the grant of bail, combined with the significant delay in the petitioner's implication after the occurrence and registration of the case, the petitioner was entitled to relief. Consequently, the Court admitted the petitioner to post-arrest bail, subject to the furnishing of bail bonds to the satisfaction of the Trial Court. The judgment reinforces the principle that compromise or lack of objection by a complainant, alongside procedural delays in implication, are relevant factors in exercising judicial discretion for bail.
- Can a complainant's affidavit of forgiveness and lack of objection constitute grounds for granting post-arrest bail in a case involving the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Does a significant delay in implicating an accused after the registration of an F.I.R. support the grant of post-arrest bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. BASHIR A. MU]AH ID, ].~ Petitioner Dr. Akhlaq s of Muhammad Iqbal seeks after arrest bail in case F.I.R. N 33/2003, dated 26.1.2003, u/S. 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P.S. Saddar, Kamoki, Gujranwala at the instance of Mst. Anayat Bibi for commission of zina bit jabr with Mst. Raza, daughter of the complainant by the petitioner and his co-accused.
2. The relief was declined to the petitioner by the learned Addl. Sessions judge, Gujranwala vide order dated 23.4.2003. Hence this petition.
3. Learned counsel for the petitioner contends that complainant of the case Mst. Anayat Bibi was sworn an affidavit and she is also present in Court and states that she has forgiven the accused and has no objection if the petitioner is allowed bail.
4. In view of the above, as the complainant has forgiven the petitioner and he was also implicated in the case after a long time of the occurrence and registration of the case, therefore, he is admitted to bail subject to his furnishing of bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.