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Criminal Miscellaneous No. 1583/B of 1984, decided on 15th December, 1984.

Criminal Procedure Code (V of 1898)-

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.3(6) & 10(2)--Accused in jail for about one year--No witness yet examined--Complainant delaying trial just to prolong detention of accused--Accused entitled to speedy trial--Bail allowed.

Malik Muhammad Aslam for Petitioner.

Jamil Aslam Pirzada for the State.

Date of hearing: 15th December, 1984.

Gull Muhammad complainant in this case lodged a report with Police Station Sadar, Bahawalpur to the effect that his wife Mat. 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 Gull 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 Zoo, were arrested. Mat. Falzan 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 in delaying 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 the 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. A. Bail granted.

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