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Criminal Miscellaneous No. 1813/B of 1982, decided on 4th August, 1982.
-----S. 497-Bail, grant of-Petitioner, accused of offence under S. 382, P. P. C. in jail for last 6 months without institution of challan in trial Court -Speedy trial, held, right of an accused person and its denial would concede his right to him--Bail allowed in circumstances.
Mian Muzaffar Ahmad for Petitioner.
This is an application for bail on behalf of Rehmat petitioner in a case under section 382, P. P. C. registered at Police Station. Kamoke vide F. I. R No. 65/82 dated 27th February, 1982.
2. The prosecution case is that the petitioner and others committed robbery and have removed wrist-watch and muffler from the person of Naeem Akhtar, the complainant on 26th February, 1982, in the area of Sheesh Mahal Cinema, Kamoke. The learned counsel for the petitioner submits that the co-accused namely, Muhammad Ishaque has been released on bail by the trial Court. He further submits that although the petitioner is in jail for the last six months, yet the challan has not been submitted so far.
3. No one has appeared on behalf of the State. It appears that the State is not interested to oppose this application.
4. After going through the file, Wakalat Hussain A. S. I. informs that the challan has not been presented so far. It was prepared but was returned with some objection by the Prosecution Branch.
5. After hearing the learned counsel for the petitioner and the A. S. I. I find that although the petitioner is in jail for the last about 6 months, yet the challan has not been submitted. It is well-recognised that speedy trial is the right of an accused person and if it is denied to him, he is justified in asking for bail. In the circumstances of this case I do not fin any reason to refuse him his right. He is, therefore, allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Gujranwala.
Bail granted.
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