NAZIRAN BIBI alias JEERO vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Mst. Naziran Bibi, who was charged with offences under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, following an alleged incident where she was purportedly found about to commit Zina. The core legal question was whether the petitioner was entitled to the concession of bail given the circumstances of the investigation and her status as a woman. The Court observed that the complainant lacked legal authority to trespass into the petitioner's house and noted that the police conducted a raid without obtaining a search warrant, in violation of established legal principles. Emphasizing the petitioner's gender, the Court held that her case fell squarely within the protective proviso of Section 497(1) of the Code of Criminal Procedure 1898. Consequently, the Court granted post-arrest bail, establishing the principle that procedural irregularities in investigation, such as conducting raids without warrants, combined with the statutory protection afforded to women under bail provisions, constitute valid grounds for the grant of bail.
- Does a police raid conducted without a search warrant provide grounds for the grant of bail?
- Is a woman entitled to the benefit of the proviso to Section 497(1) of the Code of Criminal Procedure 1898 in cases involving the 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 18, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' Mst. Naziran Bibi alias Jeero petitioner has sought her post-arrest bail in case F.I.R. No,209 registered at Police Station City Burewala on 6-6-2002 for an offence under sections 13/14/18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. According to the F.I.R. Hafiz Akbar Ali informed Muhammad Aslam, A.S.4. When the latter was present at Fawara Chowk, Burewala that the complainant at 3-30 a.m. Entered into the house of petitioner and saw that the petitioner and others were about to commit Zina. The complainant raised alarm and thereafter the petitioner and other persons ran away from the house.
3. The petitioner was arrested in this case on 6-6-2002 and is in the judicial lock-up.
4. I have heard the learned counsel for the parties and have also gone through the record of the case. Admittedly, the complainant had no sanction in law to trespass into the house of the petitioner. Bald allegations have been levelled against the petitioner and other persons, Muhammad Aslam, A.S.-I. Raided the house of the petitioner without obtaining any search warrant in violation of the principles laid down by this Court in the case of Riaz v. Station House Officer PLD 1998 Lah.
35. The petitioner is a woman and her case falls within the proviso of subsection (1) of section 497, Cr.P.C.
5. For what has been stated above I admit the petitioner to bail subject to her furnishing bail bond in the sum of Rs,10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.