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Criminal Miscellaneous No. 1382-B of 1983, decided on 26th November,1983.

---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 & 16--Bail--Offence of Zina--Inordinate delay occurring in submission of challan--Bail granted.--[Delay].

---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) , Ss. 11 & 16--Bail--Speedy trial and early submission of challan right of accused--Whenever this right refused, accused, held, would be justified in asking to be released on bail.

---Ss. 167 & 344--Contempt of Court--Guiding principles and law laid down by High Court in matter of grant of remand and adjournment of case--Compliance urged by Magistrates and Police--Instructions not complied with by such forms--Show-cause notice issued.--[Contempt of Court].

Ghulam Sarwar v. State 1984 P Cr. L J 2587 rel.

Sardar Altaf Hussain Khan for Petitioner.

Mahr Ashaq Ahmad Khan for the State.

This is an application for bail on behalf of Jewan, the petitioner, in case under sections 11, 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Rajanpur, vide F.I.R. No.280/82, dated 26th December, 1982.

2. The prosecution case is that the petitioner or/and others abducted Mst. Mannan in order to subject her to illicit intercourse and committed rape upon her.

3. The learned counsel for the petitioner submits that although the petitioner was arrested on 31st December, 1982 yet the challan was not submitted for 10 months and that the remands and adjournments were granted mechanically. The learned counsel for the State has, however, opposed this application.

4. After hearing the learned counsel I find that although the petitioner was arrested on 31st December, 1982 yet the challan was submitted on 23rd November, 1983. I have repeatedly held that an accused person is, entitled to speedy trial as well as an early submission of the challan as the matter of right and whenever this right is refused to him he is well within his rights to ask to be released on bail. Since in the instant case no challan was submitted for about 11 months, I am inclined to allow him bail on furnishing bail-bond in the sum of Rs. 10,000 (Rupees ten thousand B only) with one surety in the like amount to the satisfaction of Assistant) Commissioner /Duty Magistrate, Rajanpur.

5. In case, Ghulam Sarwar and Allah Bakhsh v. The State 1984 P Cr. L J 2587 1 had given guiding principles in matter of remand and adjourn ment. The copy of the judgment was sent to all the Superintendents of Police/District Magistrates and Sessions Judges in the Punjab. They were directed to ensure that the instructions given therein were carried out by the Magistrates/ Police. It appears that the learned District Magistrate/Superintendent of Police, Rajanpur, have taken no steps towards the compliance of that judgment. The District Magistrate and Superintendent of Police, Rajanpur, shall submit report to the .Additional Registrar of this Court within 7 days indicating .the steps, if any, taken by them to ensure that the law laid down by this Court with regard to the grant of remand and adjournment is followed.

6. It appears that the Assistant Commissioner, Rajanpur, has given remand/adjournment in this case as a matter of course in violation of the instruction given by me in case Ghulam Sarwar and another v. The State. This prima facie tantamounts to disobedience and disregard of the order of this court he Assistant Commissioner, Rajanpur, is here directed to a. pear before this Court on 4th December, 1983 and show cause why contempt proceedings be not initiated against him. Let a separate file, i.e. criminal original be opened against the Assistant Commissioner Rajanpur.

7. It has also come to my notice that the challans are retained by the Prosecution Branches on the pretext of checking for indefinite time.

8. Mr. Akbar Ali, P.I. present before the Court states that in the case in hand the challan was not kept by the Prosecution Branch for more than a day and was presented before the Court immediately. He wants time to substantiate his statement.

9. To come up on 4th December, 1983 for further proceedings,

M.Y.H. Bail granter.

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