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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SARFRAZ VS Respondent: THE STATEHonorable Justice Khawaja Muhammad SharifM.A.Zafar,Muazzam Iqbal Gill,Abdul Qayyum Anjum
2002 Y L R 509
2002 Y L R 509
[Lahore]
Before Khawaja Muhammad Sharif J
SARFRAZ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.835-B of 2002, decided on 21st February, 2002.
Criminal Procedure Code (V of 1898)----
----S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10-- Bail, grant of----No allegation of Zina was levelled against accused who was behind bars for last 16 months and nobody knew how much time would it take in conclusion of the trial---Accused was not responsible for delay in conclusion of trial and by act of his co accused he could not be burdened with any liability---Every accused was entitled to speedy trial---Accused was admitted to bail in circumstances.
M.A.Zafar for Petitioner.
Muazzam Iqbal Gill for the Complainant.
Abdul Qayyum Anjum for the State.
ORDER
This is second bail petition on behalf of the petitioner. His earlier Bail Petition No.7719/B of 2000 was dismissed by this Court on 23-2-2001
2. Learned counsel for the petitioner submits that petitioner was arrested in this case on 18-10-2000, he is behind the bars for the last 16 months, that trial has not been commenced so far, that co-accused Mst. Nasreen Bibi was allowed bail by this Court when application of the petitioner was dismissed by this Court, that in fact Mst. Nasreen was married with Shahbaz real brother of the present petitioner, that there is no allegation of Zina against the present petitioner and his case is of further inquiry falling under subsection (2) of section 497(1), Cr.P.C.
3. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., that as far as 3rd proviso of section 497 (1), Cr.P.C. is concerned, that has been deleted through notification issued by the Federal Government in October, 2001, that a direction may be given to the learned trial Court to expedite the trial as early as possible, that delay in conclusion of the trial has been caused due to the reasons that some accused were absconder and for that reasons supplementary challan was submitted in the trial Court.
4. I have heard learned counsel for the parties. This bail petition was fixed for hearing before me yesterday, I have summoned the report from the learned trial Court through D.R. (Judl) of this Court and the same has been received. In the instant case, petitioner was arrested on 18-10-2000, there was no allegation of Zina against him, he was not responsible for the delay in conclusion of the trial, by the act of his co accused he cannot be burdened with any liability, he is behind the bars for the 16 months, every accused is entitled to speedy trial, I do not know that how much time in conclusion of the trial would take place, therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs.50,000 (Rupees fifty thousand) with one surety in the like-amount to the satisfaction of trial Court.
N.H.Q./S-779/L Bail granted.