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Criminal Miscellaneous No. 202‑B of 1982, decided on 2nd March, 1982.
‑‑ Ss. 497 & 498‑Bail ‑Petitioner not having custody of abductee‑Arrest of co‑accused likely to take long time‑Every accused has a right to an expeditious trial‑Petitioner, held, cannot be detained indefinitely for reason that his co‑accused yet to be arrested Bail granted in circumstances.
Asif Saeed Khosa for Petitioner.
Aftab laved Sheikh for the State.
The petitioner was reported against at B. M. P. Post Kot Kaisarani, that he had committed offences under section 6/13 of Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), and under section 7/10 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979).
2. The petitioner was arrested on 24th January, 1982 and since then he is lodged in Jail. He has applied unsuccessfully to the learned Sessions Judge for the grant of bail and thereafter he made this petition.
3. According to the prosecution, Mst. Pathani, daughter of Tagga was brought up by Shah Gul, co-accused, as her mother Mst. Sammi was divorced by Tagga and she had remarried Shah Gul when Mst. Pathani was a child. Shah Gul had brought her up. The aforesaid Tagga is stated to have given Mst. Pathani in marriage to Muhammad Aslam, complainant in this case. After 7 months of her marriage, Mst. Pathani was allegedly abducted, by her stepfather Shah Gul with the help of one Ghulam Akbar and subsequently they, allegedly, handed her over to the petitioner and he lived in adultery with her knowing fully well that she was the legally‑wedded wife of Muhammad Aslam, complainant.
4. I have heard the arguments advanced by learned counsel for the parties as well as Dafedar Ghulam Haider who is present with the file of this case. The Dafedar states that the case was registered after about 2 years of the occurrence and that prior to the registration of this case, i.e. in May, 1981 Mst. Pathani, abductee in this case, had appeared before Jamadar Subho Sadiq Khan Qaisarani who had handed her over to Tagga because the. complainant Muhammad Aslam had refused to accept her as his wife or to keep her in his custody. He further states that neither Tagga nor Mst. Pathani are now available. Likewise Shah Gul and Ghulam Akbar are also not traceable, however, efforts are afoot to arrest the aforesaid accused persons.
From the above facts, it is clear that Ghulam Hussain, petitioner, did not have the abductee in his custody since May, 1981. The arrest of the remaining accused might take long. It is the recognised right of each accused to have an expeditious trial, therefore, the petitioner cannot be detained indefinitely only for the reason that his co‑accused are yet to arrested. In this view of the matter I am inclined to accept this petition and direct that Ghulam Hussain petitioner, who was arrested on 24th January, 1982 be released on bail subject to his furnishing a bond in the sum of Rs. 10,000 (rupees ten thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, D. G. Khan.
M.Y.H. Bail granted.
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