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Criminal Miscellaneous No. 804-B/BWP, of 1983, decided on 13th Septem ber, 1983.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 16--Bail--Offence of Zina--Accused arrested since long but challan not submitted so far without any fault on his part--Delay in submission of challan inordinate--Bail granted.
---Ss. 170 & 497--Submission of challan--Accused person, held, could as a matter of right demand that challan should be submitte3-as early as possible.
S.M. Anwar Shah for Petitioner.
M.A. Hameed for the State.
This is an application for bail on behalf of Noor Ahmad petitioner in a case under sections 10/11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 494, P.P.C. registered at P.S. Pacca Laran, vide F.I.R. No. 8/83, dated 25-1-1983.
2. The prosecution case is that the petitioner alongwith others abducted Mst. Manzooran and thereafter, committed Zina-bil-Jabr with her.
3. Learned counsel for the petitioner submits that although the petitioner was arrested on 25-2-1983 and 7 months have passed yet the challan has not been submitted without any fault on his part.
Learned counsel for the State has, however, opposed this application.
4. After hearing the learned counsel and going through the record I find that although the petitioner was arrested on 25-2-1983 yet the challan has not been submitted so far without any fault on his part. I am of the view that an accused person can as a matter of right demand that the challan should be submitted as early as possible. Since there is an inordinate delay in the submission of challan, I am inclined to admit the petitioner on bail. He shall be released on his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Liaqatpur. It would, however be open to the complainant or State to move for cancellation of bail after the submission of challan if so advised.
M.Y.H. Bail granted.
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