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Criminal Miscellaneous No. 3105-B of 1984, heard on 19th November, 1984.
---Ss. 497 & 498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 18 & 7--Bail--Accused being in jail for about eleven months and trial yet not having been commenced--Challan not submitted for a sufficient long time--Accused, held, could not be kept in custody for an indefinite time--Bail granted in circumstances.
Talib H. Rizvi for Petitioner.
The allegation against the petitioner is that the he was found committing Zina in Madina Hotel and Restaurant, Main Bazar, Wazeerabad. Ch. Nazeer Ahmad Sub-Inspector had constituted a raiding party and conducted raid at the hotel. The petitioner and a lady, named, Mst. Nasim were found in room No. 2 of the hotel. It was alleged in the F.I.R., that the raiding party had peeped through the holes of the door and found the petitioner committing Zina with Mst. Nasim.
2. The learned counsel for the petitioner contends that according to his information, the chellan has not been submitted so far in Court and the petitioner is in jail since 30-12-1983.
3. I have gone through the impugned order, dated 15-7-1984. The challan had not been submitted in Court till then.
The petitioner is in jail for the last about eleven months ante the trial has not yet commenced. The accused cannot be kept in custody for an indefinite time. Since the challan has not been submitted in Court for a sufficient long time, I admit the petitioner to bail in the sum of Rupees ten thousand with one surety in the like amount to the satisfaction of trial Court.
H. A. Bail granted.
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