The petitioner was involved in a case under section 382, P.P.C. Read with section 17 Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioner was arrested on 5-3-1988 and since then he is in jail. The bail is being sought only on the ground that more than one year has passed but the trial of the petitioner has not even commenced. Learned counsel for the State has also admitted that the trial has not commenced.
2. I have heard learned counsel. I had directed the Investigating Officer to verify if the challan has been submitted in Court or not. According to the information supplied by the said Investigating Officer the challan was submitted in the prosecution branch during September, 1988 and it is still pending there. He was not aware when the same was likely to be passed so that it could be submitted in Court. In these circumstances it has been more than a year and the challan has also not been submitted, therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs.50,000 with two sureties; each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore.
SA./M-1341/L