Hussain Ali vs The State
This matter comes before the Lahore High Court through a petition for post-arrest bail filed by Hussain Ali, who was arrested in connection with F.I.R. No. 118 dated 10.4.2003 registered at Police Station Qadirpur, District Jhang, under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal question concerns whether the petitioner made out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, given prior enmity between the parties and previous litigation reflected in earlier First Information Reports. The court held that the circumstances of the case, including the previous enmity involving eye-witnesses, rendered the matter one of further inquiry as to whether the occurrence actually took place or was fabricated. Consequently, the court admitted the petitioner to post-arrest bail subject to furnishing suitable bail bonds. The key principle laid down is that where previous enmity and background litigation between an accused and eye-witnesses cast serious doubt on the veracity of the allegations, the case falls within the ambit of further inquiry, warranting the grant of bail.
- Whether previous enmity between the accused and eye-witnesses makes a case one of further inquiry for the purpose of post-arrest bail?
- Can post-arrest bail be granted under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 when the occurrence is alleged to be fabricated?
- What is the effect of prior litigation and cross-FIRs between the parties on the tentative assessment of evidence at the bail stage?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. ALI NAWAZ CHOWHAN, J.- The petitioner is asking for his post arrest bail in case F.I.R. No. 118, dated 10.4.2003 registered at Police Station Qadirpur, District )hang, under Section 10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. He was arrested on 11th April, 2003, but the trial has not yet commenced.
2. The story, briefly, of the case is that Mst. Raza Bibi wh was married and whose husband lived in Karachi was all alone at her home when allegedly the petitioner entered into her house and took her in a room, opened the string of her Shalwar and committed zina with her. In the meanwhile, her father came to know of it and he rushed towards the room along with two eye-witnesses but Hussain Ali, the present petitioner, made good his escape in the meanwhile.
3. Learned counsel for the petitioner states that if this act was being committed in a room and it came to the notice of the eye-witnesses as well as to the father of the victim, escaping of petitioner from the place of occurrence was difficult. learned counsel while placing on record photo copies of F.I.R. No. 238, dated 27th of October, 1999, states that one of the eye-witnesses Haq Nawaz was inimical towards him having lodged this complaint previously. He has also placed on record F.I.R.
4. No. 191/2002, where the petitioner's father is the complainant against Allah Bakhsh, another eye- witness to the occurrence.
5. Muhammad Ayub, AS1, states that these F.I.Rs. Were lodged at the same Police Station.
6. Under the circumstances, the case of the petitioner is one of further inquiry to the effect whether at all the occurrence- had taken place or was this a fabricated story. Consequently, this Court admits the petitioner to bail subject to his furnishing bail bond in the sum of Rs. 10,000/- with a local respectable surety in the like amount to the satisfaction of the Trial Court.