' This is an application for grant of bail to Muhammad Tufail and Abdul Shakoor petitioners in a case under section 302/307/379/148/149, P.P.C. And article 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Hujra Shah Mugeem, vide F.I.R. No, 135/87, dated 27-5-1987.
2. Seeking bail on the ground of statutory delay in the conclusion of trial, the learned counsel for the petitioner submitted that although more than 2 years have passed yet the challan has not been submitted in the Court. Learned counsel for the State has frankly conceded that the complete challan having not been filed, the case could not be sent up for more than two years.
3. I have considered the matter. I find that the petitioner was arrested on 6- 6-1987; incomplete challan was presented to the Magistrate on 23-6-1988; complete challan was presented only a week back; that for more than two years, the petitioners have remained in jail without the submission of challan. It seems to me that the Magistrates concerned have been granted remand/adjournments as a matter of course in violation of the guiding principles laid down by this Court in case Ghulam Sarwar and another v. The State 1984 P Cr. L J 2588. This state of affairs is a sad commentary and badly reflects upon the performance of Magistrates and Investigating Officers concerned. In this view of the matter, there is no option but to allow this application. The petitioners shall be released on furnishing bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Depalpur.
4. It is really unfortunate that despite directions by the Government of the Punjab and the High Court as well, the investigations in criminal cases are being delayed and the challans are not submitted within 15 days. The S.P. Rahimyar Khan/Bahawalpur/Bahawalnagar will ensure that the challans arc submitted within 15 days and the directions given by the Government of Punjab and the High Court, are fully complied with. The District Magistrates and Judicial Magistrates within the civil jurisdiction of Bahawalpur Bench of Lahore High Court will furnish within a month from today, the list of criminal cases in which challans have not been filed for more than three months. Copy of this order be sent to I.-G. Police, Punjab, Lahore and Home Secretary to the Government of the Punjab, for information and necessary action.