Mst. NAJMA And Another vs THE STATE
This post-arrest bail application was filed by two female petitioners registered under Sections 10(2), 13, and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 at Police Station Fareed Nagar, Sahiwal. The allegation against the petitioners in the FIR was committing Zina. Counsel for the petitioners contended that petitioner No. 1 was a minor aged under 15 years as per her school leaving certificate, petitioner No. 2 was a married lady, a police raid was conducted without a search warrant, and both petitioners were women with no previous convictions who were currently incarcerated. The State opposed the bail application on the ground that evidence of Zina existed against them. The Lahore High Court accepted the petition and granted bail to both petitioners upon furnishing bail bonds of Rs. 50,000 each. The court held that the first proviso to Section 497(1) of the Code of Criminal Procedure 1898 was directly attracted due to the petitioners being women and one being a minor.
- Whether female accused are entitled to the benefit of the first proviso to Section 497(1) of the Code of Criminal Procedure 1898 in offences under the Hudood laws?
- Whether the minor age of an accused documented by a school leaving certificate justifies concession of bail under Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted to female accused with no prior convictions who are incarcerated pending trial for offences under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Section 10(2), 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
- Section 497(1), Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Mst. Najma and Mst. Rehana, the petitioners have sought for post-arrest bail in case F.I.R. No.18, dated 27-1-2003 under sections 10(2)/13/14 of the Offence of Zina (Enforcement of Hudood)
Ordinance (VII of 1979) registered with Police Station Fareed Nagar, District Sahiwal.
2. Briefly that allegation against them as per F.I.R. Is of Zina.
3. It has been contended on their behalf that they have falsely been roped in that petitioner No.1 is minor aged about 14 years, 11 months and 21 days as per her school leaving certificate and petitioner No.2 is married lady; that police have conducted raid on their house without obtaining search warrant which was illegal and. On this score alone their case is covered under subsection
(2) of section 497, Cr.P.C. Requiring further inquiry into their guilt; that they are women; and that they are behind the bars and statedly previous non-convicts:
4. On the other hand, the learned counsel for the State has opposed the petition on the ground that there is evidence of Zina against these women.
5. I have considered the submissions made by the learned counsel for the parties with the help of available record.
6. The petitioners are women. The age of Mst. Najma is statedly 14 years, 11 months and 21 days as per her school leaving certificate. According to the same, her date of birth is 5-2-1988. So, the first proviso to section 497(1), Cr.P.C. Is attracted to their case. They are behind the bars and stated to be previous non-convicts.
7. In these circumstances, the petition is accepted and they are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court.