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Criminal Miscellaneous No. 1583-B/(BWP) of 1984, decided on 12th December, 1984.
Criminal Procedure Code (V, of 1898)--
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 16--Bail, grant of--Petitioner in jail for about one year yet not a single witness examined and complainant delaying trial just to prolong his detention--Petitioner allowed bail, in circumstances.
Malik Muhammad Aslam for Petitioner.
Jamil Aslam Pirzada for the State.
Ghulam Muhammad complainant in this case lodged a report with Police Station, Sadar, Bahawalpur to the effect that his wife Mst. Faizan disappeared on 28-10-1984 from the house of her parents, where she had gone to see them. His brother-in-law Manzoor had told him about her disappearance. He searched for her and learnt that she had eloped with Gul Muhammad petitioner and that she was also seen by certain witnesses moving about in the company of the petitioner. He lodged report with Police Station Sadar Bahawalpur on 6-12-1983. During the investigation, the abductee and the petitioner who were found together in Bahawalpur were arrested. Mst. Faizan has since been allowed bail by the lower Court but the same relief was declined to the petitioner, hence this petition.
2. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
3. It is 'stated that the petitioner is in jail for about one year and yet no witness has been examined and the complainant is delying the trial just to prolong the detention of the petitioner in jail. Without expressing on the merits of the case, I am of the view that the petitioner is entitled to the speedy trial. In the circumstances, I feel inclined to allow this petition. It is directed that petitioner shall be released on bail subject to his furnishing bond in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction, of the trial Court.
S.G.D.
Bail granted.
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