IMRAN vs THE STATE
This criminal petition was brought by petitioner Imran seeking post-arrest bail in a case registered under Section 11 and subsequently Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Farid Nagar, Pakpattan Sharif. The prosecution alleged that the petitioner along with a co-accused abducted a 13-year-old girl for the purpose of Zina. The petitioner argued false implication, absence of any allegation of Zina against him, police finding of innocence placing his name in Column No. 2 of the challan, and lack of recovery. The State opposed the bail plea based on the abduction allegation. The High Court observed that there was no allegation of Zina or Zina-bil-Jabr against the petitioner, he was declared innocent during the investigation with his name placed in Column No. 2, and no incriminating material was recovered. Consequently, the Court held that the case against him fell within the ambit of further inquiry under Section 497(2), Cr.P.C., and granted him bail subject to furnishing bail bonds.
- Whether an accused placed in Column No. 2 of the challan after being found innocent during police investigation is entitled to post-arrest bail on the ground of further inquiry under Section 497(2), Cr.P.C.?
- Does the absence of any direct allegation of Zina or Zina-bil-Jabr and the absence of incriminating recoveries justify the grant of bail in an abduction case under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' Imran, the petitioner through the instant petition has sought for post-arrest bail in case F.I.R. No,214 dated 19-12-2002 originally registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979 with Police Station Farid Nagar, Pakpattan Sharif. Later on, the police have added section 10 of the same in it.
2. Briefly the prosecution case as per F.I.R. Is that on 15-12-2002 at about 7/8 p.m. He and his co- accused had abducted Mst. Amna Bibi, 13 year old, the daughter of the complainant for-Zina.
3. It has been contended on his behalf that he has falsely been roped in; that there is no allegation of Zina against him; that he has been declared innocent by the police and his name has been placed in Column No,2 of the challan report; that no recovery was effected from him; that he was arrested on 31-1-2003 and since then is behind the bars; and that he is previous non-convict.
4. Conversely, the learned counsel for the state assisted by the learned counsel for the complainant has opposed the petition on the ground that he alongwith his co-accused has abducted Mst. Amna Bibi, 13 years old, the daughter of the complainant for Zina.
5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. The fact remains that there is no allegation of Zina or Zina-bil-Jabr against him (petitioner). He admittedly has been found innocent in the investigation and his name placed in Column No,2 of the challan report. Besides than this, no incriminating article was recovered from him. Hence, the case against him certainly needs further inquiry into his guilt and so the same is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.
7. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bound 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.