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Criminal Miscellaneous No. 821-B of 1983/BWP, decided on 13th September, 1983.
---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(2), 13, 14 & 18--Penal Code (XLV of 1860), S.326--Bail- Offence of Zina--Inordinate delay occurring in submission of challan- Challan when not submitted at an early date accused would be justified in asking for bail--Bail granted.
Malik Farrukh Mahmood for Petitioner.
M.A. Hamid for the State.
This is an application for bail on behalf of Muhammad Murad petitioner in a case under sections 10 (2), 13, 14, 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 326 P P.C., registered at P.S. Khairpur, vide F.I.R. No.51/83, dated 25th April, 1983.
2. Learned counsel submits that although the petitioner was arrested on 3rd May, 1983 yet the challan has not been submitted so far. As against this the learned counsel for the State has opposed this application. He explains that the delay in the submission of the chaliar, is due to the fact that the co-accused are yet to be arrested.
3. After hearing the learned counsel I find that although the petitioner was arrested on 3rd, May, 1983 and about 41 months have passed yet the challan has not been submitted. I am of the view that an accused person can as a matter of right demand that the challan should be submitted at an early date and in case the challan is not submitted without any fault on his part, he would be justified in asking for bail.
Without making any expression lest it may prejudice the merits o: the case, I am inclined to admit the petitioner to bail on the ground of inordinate delay in the submission of challan. He stall be released on bail on 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, Bahwalpur. It would however, be open to the complainant/State to move for cancellation of bail after the submission of the challan, if so advised.
M. Y. H. Bail Granted.
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