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Criminal Miscellaneous No. 2808/B of 1986, decided on 27th October, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Prosecutrix alleging commission of forcible sexual intercourse by accused--Plea of Nikah raised during investigation, found false by police--Accused behind bars for last six months--No progress in trial so far--Challan submitted in Court but not even copies of statements under S. 161, Cr.P.C. distributed--Ground of delay had some force--Accused allowed bail and Trial Court directed to expedite case.
Muhammad Shahid Nisar for Petitioner.
C . M. Latif for the State.
Mst. Bashiran was recovered in execution of warrant under section 100, Cr.P.C. Her statement was recorded by a Magistrate on the basis of which the present case was registered against the petitioner and the other co-accused under the provisions of section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. According to the statement of Mst. Bashiran the petitioner had been committing forcible sexual intercourse with her.
2. On behalf of the petitioner it is contended that Mst. Bashiran was a lawfully-wedded wife of the petitioner and to substantiate the assertion of marriage a Nikahnama has been produced. The Investigating Officer present in Court, has stated that the plea of Nikah was raised during the investigation and he had examined Nikah Khawan and other persons concerned. According to the Investigating Officer, no such Nikah was performed by the Nikah Khawan.
3. Lastly it was contended by the learned counsel for the petitioner that six months have lapsed since the petitioner is behind the bars and no progress towards the trial has yet taken place. The ground of delay in this case has some force. Accordingly I would admit the petitioner to bail provided he furnishes security in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of A . C . , Depalpur.
4. It is stated that the challan has already been submitted and so far even the statements of the witnesses recorded under section 161, Cr. P. C. have not yet been distributed. I would, therefore, direct the trial Court to proceed with the trial expeditiously so that the same is concluded by 31st March, 1987. The trial Court is further directed to end monthly progress report to this Court about the progress of the trial.
S.A. Bail allowed.
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