1988 PLP 328 (MLD)

Petitioner is involved in a case registered against him at Police Station Jalalpur Bhatian under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Occurrence in this case took place on 21st of May, 1987 and the petitioner was arrested on 18‑6‑1987.

2. The District Attorney is present in Court and states that he had forwarded the challan to the DSP/Legal on 3‑2‑1988. The challan was not submitted till such time that this Court passed an order to know the fate of the challan. The challan was submitted four days after the passing of the order i.e., on 10‑7‑1988. Such attitude on the part of the prosecution agency is regrettable. This is not the first case which has come into my notice in which delay takes place and nobody is there to check or to take any action against the persons responsible for causing such delay. Needless to say, that such delay then shakes the confidence in the system, and after one year, legitimately the accused claims the bail on statutory ground. It will be necessary to bring this aspect into the notice of the officers concerned. Accordingly, office shall send a copy of this order to the Chief Secretary, Home Secretary and the Inspector‑General of Police for such action as may be deemed necessary. It seems that some secret tug of war is going on between the police and the District Attorney Branch. Since the prosecution has been handed over to the District Attorney, therefore, the police does not feel itself responsible and chooses to proceed in whatever manner which pleases or suits it. This will reflect both on the institution of the District Attorney as well as the police.

3. Adverting to the merits of the case, it has been brought into the knowledge of this Court, that the petitioner is not only involved in the case registered under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, but he is also involved in a murder case, inasmuch as, when the police raided the Dera to recover the abductee, the police party was attacked by the petitioner, and a constable besides another person was killed. It is stated by the learned counsel for the petitioner, that the petitioner had only been attributed ineffective firing. It is not proper for this Court to comment upon the merits of the case, however, as far as case under section 10/11 of the Offence of Zina is A concerned, the petitioner is entitled to the grant of bail on account of the delay m the submission of challan. Petitioner is behind the bars for the last 13 months. It is obvious that the petitioner, cannot be released unless he is granted bail in the murder case as well. I am inclined to admit the petitioner in case under section 10/16‑7‑79 of Offence of Zina. I would, therefore, direct that the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs. 50,000 with one surety in the like amount to the satisfaction of Assistant Commissioner Gujranwala. SA./lei‑836/L Bail granted.