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Criminal Miscellaneous No. 571/B of 1982, decided on 6th June, 1982.
-Ss. 497 & 498-Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979),Ss. 11/16 - Penal Code (XLV of 1860), S. 380-Bail-Five months passed after rejection of earlier bail application-Challan not yet submitted in Court-Accused in jail for nine months-Hearing of case not in sight-Held : Speedy trial right of an accused person-Trial delayed, accused legally justified in asking for bail-Bail granted.
M. R. Khalid Malik for Petitioner.
Nemo for the State.
This is an application for bail on behalf of Ghulam Muhammad and Ghulam Hassan petitioners in a case under sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) and under section 380. P. P. C., registered at, Police Station Khanewal vide F, I. R. No. 251, dated 13th June, 1981.
2. The prosecution case is that the petitioner with others abducted Mst. Kalsoom Akhtar with the intent that she may be subjected to illicit intercourse by any one. As for the petitioners it has been alleged that the petitioners were seen alongwith the alleged abductee going towards Kachha Khu.
3. The learned counsel for the petitioners submits that the petitioners were arrested on 18th August, 1981 and although 8/9 months have passed yet the challan has not been submitted. No one has appeared on behalf of the State to oppose this application. 1t appears that the State is not interested in the matter.
4. After hearing the learned counsel I find that the earlier application filed by the petitioner was dismissed on merits by me on 12th January, 1982. I further find that although about 5 months have passed after the rejection of the earlier petition yet no challan has been submitted before any competent Court and the hearing of the case is not in sight. I am of the considered view that speedy trial is a right of an accused Person and if there is a delay in the trial the accused would be legally justified in asking for bail. In the instant case the petitioners are in the Jail for the last 9 months and the case has not made any progress. The accused persons cannot be detained in jail for indefinite period. They are therefore, allowed bail in the sum of Rs. 10,000 with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Khanewal.
M. A. K. Bail granted,
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