The petitioner Mushtaq alias Maka has moved this petition for bail after arrest under sections 497, 498, Cr.P.C., in a case arising out of F.I. R. No.15 of 1987 dated 20-1-1987, registered against the petitioner under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. Learned counsel for the petitioner submitted that the occurrence in hand took place on 16-1-1987 and so far challan has not been filed in Court. It is next argued forcefully by the learned counsel that there is no sufficient evidence to connect the petitioner with the commission of crime. It is submitted that the F.I.R. Was lodged with a delay of four days and no explanation whatsoever has been given by the prosecution. Learned counsel further submitted that from the plain reading of the F.I.R. It is clear that the prosecutrix was not abducted inasmuch as she came back to her own house.
3. I have heard learned counsel for the parties. The investigating officer is also present before me.
He has stated that so far challan has not been filed. Learned counsel for the petitioner contended that this is a fit case for bail on the ground that so far challan has not been submitted before the Court for the trial of the petitioner despite the fact that about seven months have passed.
4. After hearing the learned counsel and without expressing any opinion on merits of, the case, I am of the view that the petitioner is entitled to be released on bail on the ground of delay in the submission of challan before the Court for the trial of the petitioner. The Investigating officer has not been able to give sufficient explanation for not submitting the challan before the Court. In view of the circumstances of the case, I allow this petition and admit the petitioner to bail provided he furnishes security in the sum of Rs.20,000 (Rupees twenty thousand) with two sureties, each in the like amount, to the satisfaction of the Assistant Commissioner, Faisalabad.