' A case under sections 11 and of Zina (Enforcement of Hudood) Ordinance, 1979 read with sect P.C.
Was registered vide F.I.R. No,124 of 1992 at Police Station c for an occurrence, which took place at about 12-00 noon in the day )2 in which Mst. Tashfeen Iqbal aged about 15-1/2 years was abductresent petitioners and their mother Mst. Khurshaid Begum Khrshid one Maqbool Hussain, who has since died. It was alleged in that the petitioners were interested in getting the hand of Mst.
Tasli the refusal of her parents. They found an opportunity to abduct her as alone in the house on the aforesaid date.
2. The petitioners were arrested e on 28-8-1992 but were admitted to bail in the offence under 0/11/16 , Offence of Zina (Enforcement of Hudood) Ordinance, learned Additional Sessions Judge, Chakwal. Since offence under 1, P.P.C. Was also added, therefore, out of them Banaras was on 8-1- 1995 whereas Taj Muhammad was re-arrested on 12-11er the aforesaid offence. They moved for bail again before Sessions Judge, Chakwal and were admitted to bail on Feeling aggrieved the complainant side moved a petition form of post-arrest bail of the petitioners in this Court. Their bails wed by this Court, vide order, dated 19-6-1995. In pursuance of this cetitioners were again arrested and committed to judicial lock-up. Seny' are in jail but the trial has not concluded as yet.
3. The learned counsel for the pess submitted that despite many inquiries conducted at the level of high cials, the abductee has not yet been recovered. The incomplete challith report under section 173, Cr.P.C. Was sent to the Court for tree to the non-recovery of the abductee complete report could not be are the Court. The matter once again came up before this Court in Criellaneous No,389/B of 1996 in which my learned brother Muhammad:a, J. (as he then was) made an order in the following terms on 20-8-1 "Today the learned counsel ftioner, the complainant and the learned Assistant Advocatelointly request that after the submission of the complete c' trial may be allowed to proceed with a further direction to ex' conclude the trial. This request is allowed and it is directed D.S.P. Shall conclude the investigation within the nextnd forward the complete challan within the next three weeks.Ed Trial Court shall conclude the trial within three months ofission of the challan before him, even if day-to- day proceedin be held."
' The aforesaid bail petition was in the light of the above-quoted order and the same was dismissed asSince the abductee ecovered till today, and the trial has also not been concluded, thereesent petition was instituted with the prayer for bail on the ground ttioners were languishing in jail since 19-6-1995 and as such they arc bail on statutory ground apart from the merits of the case.
8.In the light of the contend in this petition, a report was called from the learned ,Trial Court viated 17-9-1997 as the trial had not concluded within three months it with order passed by this Court on 20-8-1996. The learned trial .Submitted a detailed report, dated 24-9-1997 in which he has subnrial was to start after the submission of complete challan within 15 dice the challan was not submitted by the police, therefore, the trial commence. The learned Judge also narrated a tell tale story of in paragraph No,3 of the report wbereby he had made at least thies seeking guidance from this Court whether the trial should procebsence of submission of complete challan by the police for which led authorities were also repeatedly asked to complete the challan, bled to do. However, the references made by the learned trial Judge ,rt through the,Additional Registrar (Judl.) as mentioned in paragraphs report were perhaps never brought to the notice of the Court. It with while to get a report from the Additional Registrar (Judi.) as to references sent by the learned trial Judge were dealt with by the tt report be placed on record by 17-2-1998.
6. The position is still the he police has failed to submit the complete challan before the lea Court and the trial has not yet commenced on that account. a supplementary challan was submitted to the Court on 8-9 -the basis of same facts and the evidence, which were mentioned complete report submitted earlier under section 173, Cr.P.C. Pplementary challan was also submitted without the recovery tbductee whose whereabouts are not still known.
7. In the light of the above farned trial Court is directed to now proceed with the trial on the basis lentary challan submitted before it by the police on 8-9-1997, and one same in accordance with law. However, that would not debar th4s to seek their remedy which the law has provided them if they rebntinuous detention for over two years, without any fault on their encase it is the police functionaries, who have failed to submit the conlan 4nd also miserably failed to effect recovery of the abductee sinccstration of the case on 25-8-1992.
' It is now almost 5-1/2 years, but no concrete or effective steps have been taken to find out the whereabouts of the abductee nor it is known whether she is alive or dead. For this lethargy of the police functionaries, the petitioners, should not suffer particularly when the law provides that if the trial is not concluded within the stipulated period of one year in such-like offences: the offender should be released on bail if the delay is not attributed to him. In the instant case, the delay is purely on the prosecuting agency for which the petitioners should not be denied bail. Accordingly I allow this petition and admit the petitioners to bail in the sum of Rs,30,000 each with two sureties each in the like amount to the satisfaction of the learned trial Court.
8. Before I part with the order, it will be fair to examine the conduct of the police in this case. A detailed order was made by this Court on 9-10-1997 with the following direction:-- "The Investigating Officer and D.S.P., Chakwal to appear alongwith the entire police record to show as to why the abductee has not so far been recovered and what efforts have been made since after 20-8-1996, when an order to that effect was made by this Coda in Criminal Miscellaneous No,389/B of 1996 that the complete challan be submitted to the Court so that its trial be completed within three months of the submission of the challan."
' Today the S.-I. Present in Court has informed that investigation in this case was even conducted by the D.S.P., C.I.A. And D.S.P., Range Crime, Rawalpindi (Muhammad Younas). However, none of them has appeared so far in this Court in compliance of order referred to above, i,e, order, dated 9- 10-1997.
9. While taking into account the foregoing facts, I have gained an impression that the police has prima facie not been able to perform its functions in accordance with law to deal with this case at the stage of investigation. The life of a citizen is involved who being a young girl of 15-/12 years having been abducted allegedly on 30-7-1992 has not been recovered, nor her whereabouts are known as to whether she is alive or dead. In such a situation, I would like to direct that the D.I.-G., Rawalpindi Range shall summon the police record relating to this case and shall also obtain briefing from all the Investigating Officers, who have been dealing with this case and after getting himself prepared fully with the facts of the case and the efforts made during investigation to recover the abductee, will prepare a report and produce the same in this Court while appearing in person on 25-2-1998.