Mst. SALMA vs THE STATE
The petitioner, Mst. Salma, sought post-arrest bail in a criminal case registered under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, arising from an FIR alleging Zina-bil-Raza. The core legal question was whether the petitioner, a woman and mother of four children who had been incarcerated for approximately six months and was a previous non-convict, was entitled to the concession of bail under the facts and circumstances of the case. The Lahore High Court accepted the petition and held that the petitioner was entitled to post-arrest bail as a matter of discretion, considering her status as a woman, the period of her incarceration, and her status as a previous non-convict. The key principle laid down is that the discretionary relief of bail may be favorably extended to a female accused who has spent a significant period behind bars and has no previous criminal record, particularly where special statutory or humanitarian considerations under the law apply.
- Is a female accused entitled to bail when she has been incarcerated for a substantial period and is a previous non-convict?
- Whether the discretion to grant post-arrest bail can be exercised in favor of a woman accused under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' Mst. Salma, the petitioner has sought for post-arrest bail in case F.I.R. No,347, dated 13-11-2002 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979 registered with. Police Station Daira Din Pannah, District Muzaffargarh.
2. Briefly the prosecution case as per F.I.R. Is that on 12-11-2002 at about 11-15 p.m. She and one Niaz Ahmad were indulged in Zina-bilRaza in Car No,RIK/7676, while Khaliq Hussain was standing at a distance of two Karams therefrom. They all three were apprehended by the complainant Khadim Hussain and his companions Abdul Qayyum and Ghulam Farid.
3. It has been contended on her behalf that she has falsely been roped in; that she has been made scapegoat by the complainant party at the instance of one Muhammad Afzal Hanjra, the brother of District Nazim, Muzaffargarh, who is inimical to her co-accused Niaz Ahmad, Patwari; that she is mother of four children; that she is behind the bars for the last about six months; and that she is previous non-convict.
4. Conversely the learned counsel for the State has opposed the petition on the ground that she is named in the F.I.R.; and that she and Niaz Ahmad, her co-accused were committing Zina.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. She is a woman. She statedly is mother of four children, which has not been disputed by the State's side. Besides than this, she is behind the bars for the last about six months and stated to be previous non-convict.
7. In these circumstances, I am inclined to exercise my discretion in her favor. The petition, therefore, is 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.