' Petitioner Kamran Haider applied for after arrest bail in case registered at Police Station Gulgashat, Multan under section 379, P.P.C., vide F.I.R. No,148, dated 5-6-1995. The case of the prosecution is that on 4-6-1995 at about 5-40 p.m. The complainant parked his motor-cycle outside his house and went inside the house. After a short while he came out of the house and found his motor-cycle missing from there. He made a search but in vain. During investigation the police recovered the motor-cycle from the possession of Kamran Haider accused and then the offence under section 411, P.P.C. Was added. The accused was allegedly arrested on 5-6-1995.
2. The petitioner is not named in the F.I.R. There is a delay of one day in lodging the same. Recovery memo. Is without date and signed by police officials only. The challan was prepared on 26-8-1995 and the S.D.P.O. Forwarded the challan on 10-9-1995 but still it has not been sent to the Court. It is very unfortunate that police while investigating the case causes unnecessary delay in the submission of the challan and thereby violate the provisions of law. There exist a on record about the delay in non-submission of report un Cr.P.C. It was prepared on 26-8-1995 and after the for the S.D.P.O., dated 10-9-1995, the Challan should have Court immediately. Speedy trial is the right of the accused v usually denied to the under trial prisoners on account of he police. /oth the offences under sections 379 and 411, P.P.C. Are not rich imprisonment for life or 10 years, grant of bail in such like an rule and refusal, an exception. The petitioner is not a previous there exist no circumstances justifying the refusal of bail to him. Counsel for the petitioner has relied upon PLD 1995 SC 34 and the laid down in the said authority is that "grant of bail in bailable offence - It is ght while in non- boilable offences the grant of bail is not a right but concession/grace grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception".
4. Applying the dictum laid down in PLD 1995 SC 34, the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs,15,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Multan.
5. Before parting with this order I will show my displeasure on non-submission of challan in spite of its completion one month ago. S.S.P., Multan is directed to hold an enquiry into the circumstances which resulted in non-submission of the challan in spite of its completion. He should take strict legal action against the delinquents and ensure submission of challans in the Courts within stipulated period or as soon as possible in future.
6. Copy Dasti. This order shall also be sent to the S.S.P., Multan for compliance and he must report to the Deputy Registrar. (Judicial) about the action taken by him within two months of the receipt of copy of this order by him.