P L D 1988 Lahore 144 (PLP)

This is a second petition under Section 497 Cr.P.C. by Mst. Lal Bibi petitioner for seeking bail in a case registered against her with P.S. Civil Lines Bahawalpur under Sections 18/10 (2) of the Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No. 140 dated 12‑6‑1987 on the complaint of one Muhammad Aslam. The facts have been adequately detailed in the earlier application for bail (Cr.M.No. 882/B‑87) dismissed by me at Bahawalpur on 20‑7‑1987 and therefore need not be repeated here. 'The learned counsel for the petitioner contends: First, that the co‑accused has since been granted bail and therefore the petitioner is also entitled to the concession of bail especially when she is a woman; Secondly, That despite the elapse of more than four months the Police has not as yet submitted complete challan in the Court and there is no likelihood of the commencement of the trial in the near future; as ‑Thirdly,. that the offence ascribed to the petitioner being only an attempt to commit zina is punishable to the most with imprisonment for five years as provided by section 10 (2) read with Section 18 of the Zina (Enforcement of Hudood) Ordinance, 1979, there is no impediment in the way of grant of bail to the petitioner. On the contrary, the learned Additional Advocate‑General submits that in the bail granted to the co‑accused notice has been issued to him as to why the bail should not be cancelled. The only other submission of the learned Additional Advocate General is that the challan has been submitted in the Court yesterday. I asked the Police Officer present as to whether complete challan has been submitted or not. . He has admitted that the challan is still not complete. Having given consideration to the controversy involved I am of the view that the petitioners cannot be incarcerated in jail indefinitely especially when she has been confined in jail for the last over four months and the Police has not cared to submit complete challan in Court during all this period. I may not have allowed bail to the petitioner if complete challan had been submitted or a definite date had been given as to when complete challan is likely to be submitted. Since neither complete challan has been submitted nor a definite date is being given by which the complete challan will be submitted there is no alternative except to allow bail to the petitioner especially when the co‑accused; of the petitioner has already been enlarged on bail. Before parting with this case I may observe that it appears that the Police intentionally keeps the challans incomplete and takes a long period in submitting complete challans in the Courts just to provide a ground to the accused for seeking bail from Courts. The Police hierarchy should therefore take immediate steps for ensuring that the challans are submitted in the Court within the shortest possible period and a strict vigil kept on the subordinate Police Officials in this regard so that they do not provide a lever to the accused persons to obtain bail from Courts. Be that as it may, for reasons given above the petitioner is allowed bail in the sum of Rs.20,000/‑ (Rupees twenty thousand) with one surety in the like sum to the satisfaction of the Assistant Commissioner, Bahawalpur. M.A.K./L‑13/L Bail Allowed