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Criminal Miscellaneous No. 1487/B of 1982, decided on 13th December, 1982.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) , Ss. 10 & 11-,-Delay in submission of challan--Entitlement of accused to bail--Challan not submitted in Court of competent jurisdiction even after 9 months of arrest of accused--Bail granted to accused in view of inordinate delay in submission of challan.
---S. 497--Delay in submission of challan--Bail--Principle--Accused entitled to early submission of challan and speedy trial as a matter of right--In case challan is not so submitted without any fault on part of accused, regardless of nature of crime he would be justified in asking for bail.
Ch. Muhammad Anwar for Petitioner.
Zulfiqar Ishaque Lodhi for the State.
This is an application for bail on behalf of Muhammad Azeem in a case under section 10/ll of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P. S. Kahror Pakka, vide F. I.R. No. 37, dated 28-2-1982.
2. The prosecution case is that the petitioner with Ata Muhammad co-accused' abducted Mst. Naziran, a minor girl on 10-2-1982 and thereafter, the petitioner committed rape upon her.
3. The learned counsel for the petitioner submits that although the petitioner was arrested on i1-3-1982, yet the; challan has been submitted. As against this, the learned counsel for the State has, seriously opposed this application on the ground that the alleged offence is heinous one and that the challan has been presented to the prosecution branch for further action:
4. After hearing the learned counsel I find that although the petitioner was arrested on 11-3-1982 and more than 9 months have passed yet the challan has not been submitted in a Court of competent jurisdiction. It is well recognized that an accused person is entitled to early submission of the challan and speedy trial as a matter. If I right and in case, the challan is not submitted without any fault car the part of the accused person, he, regardless of the nature of the) crime would be, justified in asking for bail, Since it is a case of an inordinate delay in the submission of challan, I am inclined to allow bail to the petitioner. He shall be released on bail subject to his furnishing bail-bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C ./Duty Magistrate, Lodhran.
5. It would, however, be opened to the complainant and the State to move for the cancellation of bail after the challan -is Submitted.
H. A. K. Bail granted.
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