ORDBR Raja Afrasiab Khan, J.-The petitioner Mushtaq alias Malta has moved this petition for bail after rest under sections 497, 498 Cr. P.C. In a case arising out ef FIR No. 15/7 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 le-l-i987 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 FIR was lodged with a delay of four days and no explanation whatsoever hat been given by the prosecution. Learned counsel further submitted that from the plain reading of the FIR it is clear that the prosecutrix was not abducted inasmuch as she name 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 field Learned counsel for the petitioner contended that this is a fit case for bail on the ground that so far ehallan has not been submitted before the Court for the trial ef 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 th; Assistant Commissioner, Faisalabad.