GULZAR AHMAD vs THE STATE
This matter arises from a petition filed by Gulzar Ahmad seeking post-arrest bail in F.I.R. No. 179 dated 2-5-2002, registered under Section 18/10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Noor Shah, District Sahiwal, on allegations of attempting to commit Zina-bil-Jabr. The core legal question is whether the allegations levelled in the F.I.R., coupled with an unexplained delay of 17 days, constitute an attempt to commit Zina-bil-Jabr attracting penal liability under the stated provisions or whether the case falls within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Lahore High Court held that the allegations, even if taken as true, did not disclose the actual offence of an attempt to commit Zina-bil-Jabr as the petitioner neither removed his own clothes nor mounted the victim, and noted the prolonged delay in lodging the F.I.R. The court laid down the principle that mere preliminary acts short of actual physical execution or mounting do not constitute an attempt to commit Zina-bil-Jabr under the Ordinance, rendering the case one of further inquiry under Section 497(2), Code of Criminal Procedure 1898, and accordingly admitted the petitioner to bail.
- Does an act where the accused removed the victim's chaddar and placed her on the ground constitute an attempt to commit Zina-bil-Jabr under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 without evidence of removing his own clothes or mounting?
- Whether an unexplained delay of 17 days in lodging the F.I.R. makes a criminal case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- When can a case be considered one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 for the grant of post-arrest bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER
The petitioner Gulzar Ahmad ids applied for after-arrest bail in case F.I.R. No.179 dated 2-5-2002, under section 18/10, Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, Police Station Noor Shah, District Sahiwal.
2. Briefly the prosecution case as per F.I.R. Is that he on 17-4-2002 at about 11/12-00 noon had attempted to subject complainant Mst. Saban Bibi to Zina-bil-Jabr.
3. It has been contended on his behalf that he has falsely been roped in; that there is delay of 17 days in lodging the F.I.R. Without any reasonable explanation; that he is behind the bars for the last more than five months; and that he is previous non-- convict.
4. Conversely, the learned State Counsel has opposed the application on the ground that he has attempted to the complainant lady to Zina-bil-Jabr.
5. I have carefully considered the submissions advanced from both the sides with the help of the available record.
6. The allegation against the petitioner as contained in the F.I.R. Is, that he has forcibly taken the complainant to maize crop and there he removed her Chaddar and made her to lie on the ground and put his hand on, her mouth and on her noise, his son Ramzan; and Noor Ahmad, who were present in the nearby fields were attracted to the spot and on seeing whom he ran away.
7. This allegation even if is taken as true in its entirety the same constitutes not the offence of attempt to commit Zina-bil-Jabr as there is nowhere in the F.I.R. That he either had removed his own clothes or had mounted on her to actually attempt to commit Zina-bil-Jabr with her.
Furthermore, there is delay of 17 days in lodging the F.I.R.
8. In view of the above position, his case appears to be one of further inquiry. The same thus is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars for the last about five months and stated to be previous non convict.
9. I, therefore, accept this application and admit him to bail in the sum of Rs.50,000 with one surety in the like amount) to the satisfaction of the learned trial Court.
Cited by 1 case
- MUZAFFAR vs The STATE 2019 YLR 719