FARIDA vs THE STATE
The petitioner, Farida, sought post-arrest bail in a case registered under sections 10(4), 13, and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The prosecution alleged that the petitioner took the complainant to a co-accused's house where other co-accused committed Zina-bil-Jabr. The core legal question was whether the petitioner, being a woman with a suckling baby and a previous non-convict, was entitled to the concession of bail under the statutory proviso. The Lahore High Court held that the case fell within the ambit of the first proviso to section 497 of the Code of Criminal Procedure 1898. The court accepted the petition and admitted the petitioner to post-arrest bail, laying down the principle that female accused persons fulfilling the conditions of the statutory proviso are ordinarily entitled to bail unless exceptional circumstances warrant otherwise.
- Is a female accused with a suckling baby entitled to the benefit of the first proviso to section 497 of the Code of Criminal Procedure 1898?
- Whether delay in lodging the FIR combined with the status of a woman and previous non-convict constitutes sufficient grounds for post-arrest bail?
- Does a woman accused of an offence under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 qualify for bail under the statutory exceptions?
- Section 10(4), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 13, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 14, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
Farida, the petitioner has sought for post-arrest bail in case F.I.R. No.148, dated 8-5-2002 under sections 10(4)/13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 registered with Police Station City Khanewal.
2. Briefly the prosecution case as per F.I.R. Is that on 30-4-2002 at about 5-00 p.m. Mst. Hina, the complainant was taken away by Mst. Farida from her house and she left her in the house of co- accused Nadeem Sheikh and there four persons namely Nadeem Sheikh, Masha Allah, Shahid alias Billoo and Haider committed Zina-bil Jabr with her.
3. It has been contended on her behalf that she has falsely been roped in that there is delay of seven days in lodging the F.I.R. That she is a woman and is behind the bars for the last about three months; that she has with her suckling baby; and that she is previous non-convict.
4. On the other hand, the learned State Counsel has opposed the petition.
5. I have carefully considered the submissions advanced by the learned counsel for the parties and perused the record.
6. The petitioner is a woman. The first proviso of section 497, Cr.P.C. Is attracted to her case. She is behind the bars for the last about three months with suckling baby and she is previous non- convict.
7. In these circumstances, I find her entitled to bail. The petition is, therefore, accepted and she is admitted to bail provided she furnishes bail bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.