The petitioner namely Lal Bahadur has been arrested by the police in case F.I.R. No. 6 of 2000 registered at Police Station D.I. Khan on 15-10-2000 at the instance of Muhammad Anwarullah Khan, Assistant Director, F.I.A. Police Station D.I. Khan. The petitioner submitted an application for grant of bail in the Court of Special Judge, Anti-Corruption (Central), Peshawar which was declined vide order dated 14-12-2001. The petitioner then approached this Court for his release on bail which was also refused vide order dated 11-3-2002 with the following remarks:-- "The prosecution is directed to submit complete challan against the petitioner within 30 days. The trial Court shall conclude the trial as expeditiously as possible not exceeding three months. The petitioner shall be at liberty to move application for bail afresh in case the complete challan is not submitted in Court within the period mentioned above. "
2. In view of an application moved on behalf of the prosecution i.e. F.I.A. The time limit of 30 days was replaced by 45 days. Thereafter, the petitioner on 28-5-2002 moved afresh bail application before the Special Judge, Anti-Corruption, which was refused through order dated 12-6-2002. The prayer of the petitioner for his release on bail was also rejected by this Court through order dated 16-8-2002.
3. The petitioner has filed instant application (Criminal Miscellaneous No. 1149 of 2002) for his release on bail and in support of the bail application it has been contended with justification by Mr. Abdul Hakeem Khan Kundi, Advocate for the petitioner that the prosecution authorities have twicely failed to comply with the directions given by this Court and could not submit challan in the trial Court on account of which the petitioner has earned right of bail. To add vigour to the submissions, reliance has been placed on cases reported as Muhammad Aslam v. The State 1999 SCM R 2147 and Sheikh Zahuruddin and another v. The State 2002 PCr.LJ 549.
4. Mr. Hamid Farooq Durrani, learned Deputy Attorney-General conceded that despite direction of this Court, challar has not been submitted. However, he has remained unable to give any explanation for non-compliance of the order of this Court.
5. In the circumstances, in view of the failure on the part of the prosecution to comply with the directions of this Court to submit challan in the case within a fixed period of 45 days, a good ground of bail has been made out.
6. The application is accepted and bail is allowed to the petitioner, provided he furnishes bail bonds in the sum of Rs.10,00,000 (Rupees ten lacs) with two sureties each in the like amount to the satisfaction of Special Judge, Anti-Corruption (Central), N.-W.F.P., Peshawar.