Mst. SHAMSHAD BIBI vs STATE
This matter concerns a petition for post-arrest bail filed by Mst. Shamshad Bibi, who was charged under Sections 10 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, following an F.I.R. alleging she was caught in a compromising position. The core legal question was whether the petitioner was entitled to the concession of bail given the evidentiary record and her status as a female accused. Upon reviewing the record, the Court observed that there was no evidence connecting the petitioner to the offence under Section 10 of the Ordinance, and the applicability of Section 18 was not seriously disputed. Furthermore, the Court noted that the petitioner had been incarcerated for over three months. Holding that the petitioner was entitled to the benefit of the proviso to Section 497(1) of the Code of Criminal Procedure 1898, which provides special consideration for female accused, the Court allowed the petition. The judgment reaffirms the principle that the statutory concession for women in bail matters is a significant factor when assessing the entitlement to release pending trial.
- Is a female accused entitled to the concession of bail under Section 497(1) of the Code of Criminal Procedure 1898?
- Does the absence of evidence connecting an accused to an offence under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 justify the grant of bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(1), Code of Criminal Procedure 1898
ORDER
Petitioner seeks post-arrest bail in case F.I.R. No.199 dated 11-8-2002, under sections 10 and 18, Offence of Zing (Enforcement of Hudood) Ordinance VII of 1979, registered at Police Station Fateh Pur, District Layyah.
2. As per F.I.R. Petitioner was lying naked with another person at a cot, when they were caught red- handed by the raiding party.
2-A. Arguments heard. Record perused.
3. It is not denied that there is no evidence at all to connect the petitioner with the commission of offence falling within the ambit of section 10 of Hudood Ordinance (VII of 1979). It is also not seriously disputed that section 18 of the samemay be applied to the case bf the petitioner. The petitioner is behind the bars for the last more than three months; that even otherwise the petitioner being a lady can avail of the concession available under section 497(1), Cr.P.C.
4. Resultantly the instant petition is allowed by admitting the petitioner to post-- arrest bail subject to her furnishing bail bond in the sum of Rs.50,000 (Rupees Fifty Thousand only) with two sureties each in the like amount to, the satisfaction of the trial Court.