| Case ID |
e343fa3b-2285-49f4-9725-1c4f40086c9f |
| Body |
View case body. Login to View |
| Case Number |
Criminal Misc. No. 203-B of 1994 |
| Decision Date |
Feb 06, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court, under the esteemed judgment of Justice S.Muhammad Zubair, deliberated on the bail application submitted by the petitioner, Sanaullah. The petitioner was implicated under Section 18 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979, following an incident documented in FIR No. 168/93 dated June 4, 1993, registered at Police Station Cantt. Gujranwala. The core allegation against Sanaullah was an attempt to commit zina-bil-jabar with Mst. Razia Sultana. The petitioner’s legal representation contended that the charges under Section 18 were unsubstantiated based on the factual narration in the FIR and suggested that the offense might be more aptly classified under Section 354 of the Pakistan Penal Code (PPC), which inherently allows for bail. Additionally, the defense highlighted an unexplained delay between the occurrence of the alleged offense on June 3, 1993, and the FIR's registration on June 4, 1993. The petitioner had been in custody since August 4, 1993, with no significant progress in the case proceedings. The State, supported by a police officer, opposed the bail application. After a thorough review of the arguments presented by both parties and an examination of the case records, Justice Zubair observed ambiguities concerning the petitioner’s intent, specifically whether there was an actual attempt to commit zina-bil-jabar or merely an outraging of the complainant’s modesty. Given these uncertainties and the procedural delays, the court deemed the case to warrant further inquiry. Consequently, the petitioner was granted bail, subject to the provision of a security deposit of Rs.50,000 and an equivalent surety to satisfy the Court of Gujranwala. This decision underscores the judiciary's commitment to ensuring fair legal processes, safeguarding the rights of the accused, and addressing procedural deficiencies. |
| Summary |
In the landmark case adjudicated by the Lahore High Court on February 6, 1994, the petitioner, Sanaullah, sought bail in a matter involving serious allegations under Section 18 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979. The incident in question occurred on June 3, 1993, and was subsequently reported in FIR No. 168/93 registered at Police Station Cantt. Gujranwala on June 4, 1993, indicating an unexplained delay in lodging the FIR. The petitioner was accused of attempting to commit zina-bil-jabar with Mst. Razia Sultana, a charge that inherently questions both personal integrity and societal norms related to modesty. Representing the defense, the petitioner’s counsel argued that the charges under Section 18 were not substantiated by the facts presented in the FIR. Instead, they posited that the offense might fall under Section 354 of the Pakistan Penal Code (PPC), which deals with outraging the modesty of a woman and is inherently bailable. This distinction is crucial as it potentially alters the custodial implications for the petitioner. Moreover, the defense highlighted the significant delay between the occurrence of the alleged offense and the registration of the FIR, as well as the prolonged detention of the petitioner since August 4, 1993, without substantial progress in the case. These factors were presented as grounds for bail, emphasizing the right to a fair and timely legal process. The State, supported by a police officer, opposed the bail application, likely underscoring the gravity of the allegations and the need for thorough investigation. Justice S.Muhammad Zubair, presiding over the case, meticulously reviewed the submissions from both sides. He acknowledged the procedural delays and the uncertainties surrounding the petitioner’s intent—whether it was an actual attempt to commit zina-bil-jabar or merely an act of outraging modesty. Given these ambiguities and the lack of clarity in the charges, the court found it imperative to classify the case as one warranting further inquiry. Balancing the petitioner’s rights with the need for justice, the Lahore High Court granted bail to Sanaullah, imposing a security of Rs.50,000 along with a surety of the same amount to satisfy the Court of Gujranwala. This judgment not only highlights the judiciary's role in upholding legal standards and procedural fairness but also underscores the importance of precise legal classification in determining the custodial status of accused individuals. The case emphasizes trending legal principles such as the right to bail, the differentiation between various sections of law based on the nature of the offense, and the impact of procedural delays on the rights of the accused. Keywords such as Enforcement, F.I.R, Petitioners, Bail, Delay, Pakistan Penal Code, Modesty, Surety, Police Station, and Lahore High Court are central to understanding the case's legal and societal implications. This decision serves as a pertinent reference for future cases involving similar charges, ensuring that the balance between upholding societal morals and protecting individual rights remains equitable and just. |
| Court |
Lahore High Court
|
| Entities Involved |
Police Station Cantt. Gujranwala
|
| Judges |
S.MUHAMMAD ZUBAIR
|
| Lawyers |
Not available
|
| Petitioners |
Sanaullah
|
| Respondents |
The State
|
| Citations |
1994 SLD 1151,
1994 KLR 57
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979,
Pakistan Penal Code
|
| Sections |
18,
354
|