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---S. 497‑Bail, grant of‑Petitioner, accused of murderous assault, in jail for more than 8 months yet challan not submitted to trial Court despite clear instruction of High Court‑Bail allowed, in circumstances.

Ch. Muhammad Latif Wahla for Petitioner.

Date of hearing: 11th May, 1982.

This is an application for bail on behalf of Nadeem in a case under section 307/325/34, P. P. C. registered at P. S. Mumtazabad vide F. I. R. No. 360, dated 22nd March, 1981.

2. No one has appeared on behalf of the State. It appears that the State is not interested in the matter.

3. The prosecution case is that the petitioner alongwith others in furtherance of their common intention launched murderous assault upon Ghulam Mustafa, Muhammad Anwar and Muhammad Nawaz on 21st August, 1981 at 11 p. m. in the area of Sameejabad.

As for the petitioner it has been alleged that he was armed with sofa and thereby he inflicted five blows on the person of Muhammad Nawaz P. W. The medical certificate shows that Muhammad Nawaz received as many as five injuries out of which injury No. 5 found on the scapula has been declared grievous. The five injuries were, however, declared collec tively dangerous to life.

3. The petitioner earlier moved for his bail, vide Cr. M. 253/11‑82

Which was dismissed on 15th March, 1982 with the direction to the A.S.‑I. present in Court to submit the challan within seven days. Learned counsel has placed on record a certificate dated 24th April 1982 from the trial Court to the effect that the challan was not submitted till then.

4. Learned counsel for the petitioner submits that the petitioner is in jail since 5th September, 1981 and although more than eight months have passed yet the challan has not been submitted. No one has appeared on behalf of the State to oppose this application.

5. After hearing the learned counsel, I find that‑ the petitioner was arrested on 5th September, 1981 and although more than 8 months have A elapsed yet the challan has not been submitted in spite ‑ of clear direction by this Court. It appears that the prosecution has indulged in delaying. Tactics. It is well recognized that it is legal right of an accused person to demand that the challan be submitted as early as possible and in case the police or the prosecution indulges in delaying tactics then he can demand that he may be released on bail.

After having considered the circumstances of the case, I see no justification to deny the prayer of the accused to be released on bail. He is accordingly allowed bail in the sum of surety in the like amount to the satisfaction of A.C./Duty Magistrate, Multan.

6. It would however be open to the state and complainant to move for the cancellation of bail after the submission of the challan if so advised.

S.G.D. Bail granted.

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