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Criminal Miscellaneous No. 802-B/83/BWP., decided on 13th September, 1983.
---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) , Ss. 10 & 16--Bail--Accused arrested five months ago but challan still not submitted--Inordinate delay in submission of challan without fault of accused entitles him to grant of bail as speedy trial is a right of an accused person--Bail granted.--[Delay].
Malik Yar Muhammad for Petitioners. G.M. Bodla for the State.
This is an application for bail on behalf of Ghulam Mustafa and Mst. Khurshid Bibi petitioners in a case under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Sadder, Rahimyar Khan, vide F.I.R. No.68183, dated 4th April, 1983.
2. The prosecution case is that the petitioners abducted Mst. Siddiqan in order to subject her to sexual intercourse and thereafter Ghulam Mustafa not only committed Zina-bil-Jabr with her but also sold her to Allah Ditta for Rs. 15,000.
3. Learned counsel for the petitioners submits that there is delay of 5/6 months in lodging the F.I.R. that although the petitioners were arrested on 26th April, 1983 yet the challan has not been submitted.
Against this, the learned counsel for the State has opposed this application on the ground that the alleged offences fall within the prohibitory clause of section 497 , Cr . P . C .
4. After hearing the learned counsel and going through the record I find that although the petitioners were arrested on 26th April 1983 and almost 5 months have passed yet the challan has not been submitted. I am of the considered view that to demand speedy trial is a legal right of an accused person and whenever, there is a delay without his fault, he would be justified in asking for bail. In the instant case I find that there is inordinate delay in the submission of challan. The petitioner, are, therefore, allowed bail in the sum of Rs.10,000 (Rupees ten thousand only) with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Rahimyar Khan. It would however be open to the complainant or 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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