AHMAD KHAN and others vs THE STATE
This matter arises from a criminal petition for post-arrest bail filed by twelve petitioners involved in F.I.R. No. 15 registered under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Musa Khel, District Mianwali, on allegations of abduction and Zina-bil-Jabr. The core legal question concerns whether the petitioners are entitled to post-arrest bail given the conflicting statements of the alleged abductee regarding consent and the varying degrees of specific allegations attributed to different co-accused. The Lahore High Court held that petitioners against whom direct allegations of Zina were leveled in the statement recorded under section 161 of the Code of Criminal Procedure, 1898 are not entitled to bail, whereas those petitioners against whom no such specific allegations of Zina exist are admitted to bail. The key principle laid down is that bail may be granted to co-accused lacking direct imputations of heinous acts while being withheld from those specifically implicated by the victim in foundational statements.
- Are co-accvsed without direct allegations of Zina entitled to post-arrest bail?
- Does a statement recorded under section 161 of the Code of Criminal Procedure, 1898 furnish sufficient grounds to refuse bail to accused persons specifically named for committing Zina?
- Can a bail petition be partially accepted for certain petitioners while being dismissed or withdrawn for others based on individual roles?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 161, Code of Criminal Procedure 1898
ORDER
'As a result of case bearing F.I.R. No,15 under sections 10, 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered with Police Station Musa Khel, District Mianwali, on 29-1- 2001, the petitioners Ahmad Khan, etc. Twelve in number, stand, involved for the allegations that they abducted Mst. Nasrin on the said date by carrying her in a DALA when they came at the spot while armed with deadly weapcas and later on she was subjected to Zina-bilJabr and when this effort was resisted by Sabir Khan father of the abductee and others they were threatened by Shah Wali, etc. Who fired with their weapons. So at the instance of Sabi' Khan complainant the above said case was registered.
2. Learned counsel for the petitioners argued that the alleged abductee had filed a writ petition in the Lahore High Court, Lahore bearing No,2333 of 2001 wherein she stated that she performed marriae with Ahmad Khan with her free consent, therefore, it is not a case of abduction and commission of Zina, that all the close relatives of the Ahmad Khan have been involved falsely in this case, therefore, it is a case of further inquiry, which has been passed by the learned State Counsel as well as by the learned counsel for the complainant.
3. Later on during arguments it transpired that the alleged abductee has supported the prosecution case on the question of her abduction and commission of Zina by Ahmad Khan. So at this stage learned counsel for the petitioners submitted that this petition to the extent of Ahmad Khan against whom there is allegation of commission of Zina and that his arguments may be taken consideration to the extent of other petitioners on which the learned St Counsel submitted that this matter is been pressed only against Ahmad Khan against whom there is allegation of commission of Zina on which the learned counsel for the complainant also agree.
4. But the perusal of the statement of the abductee recorded under section 161, Cr.P.C. Reveals that she levelled allegations of commission of Zina against Ahmad Khan, Muhammad Aslam, Sher Abbas, Abdul Razzaq Abdul Nazaq and Khan Khawas, therefore, it is hot a fit case for bail to their extent.
5. As a consequence of it, Sajid Khan, Muhammad Akbar, Ajmal Khan, Shah Wali Khan, Abdul /Khaliq and Muhammad Hafeezullah ainst whom there is no allegation of co fission of Zina are admitted to bail in the sum of Rs,1,00,000 (rupees one lac) each with one surety each in the like amount to the satisfaction of learned Sessions Judge, Mianwali.
6. While this petition to the extent of Muhammad Aslam, Sher Abbas, Abdul Razzaq, Abdul Nazaq, Khan Khawas, all the three sons of Mani Khan is hereby dismissed and to the extent of Ahmad Khan the same stands disposed as withdrawn.
'While accepting the bail bonds the learned Sessions Judge, Mianwali, shall give the specific date for appearance of the petitioners in the Court concerned and thereafter petitioners shall continue to appear there on each and every date of hearing till the receipt of the challan and also thereafter till disposal of the case.