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Petitioner: SHAH MUHAMMAD VS Respondent: THE STATE
1986 P Cr
1986 P Cr. L J 2295
[Lahore]
Before Khalil‑ur‑Rehman Khan, J
SHAH MUHAMMAD Petitioner
Versus
THE STATE Respondent
Criminal Miscellaneous No. 113‑B of 1986, decided on 18th February, 1986.
Criminal Procedure Code (V of 1898)
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16‑‑Bail, grant of‑‑Statutory ground‑‑Bail on merits already dismissed‑‑Accused in jail since more than one year‑‑Proceedings in case not likely to commence in near future‑‑Accused, held, entitled to invoke statutory ground in circumstances.
Khudadad Khan Burki for Petitioner.
Hasnat Ahmad for the State.
Date of hearing: 18th February, 1986.
ORDER
Shah Muhammad petitioner who is being detained since 12‑11‑1984 in a case under sections 10 and 16 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 has moved this petition for his release on bail on statutory ground. Earlier his bait application Criminal Miscellaneous No. 1795‑8 of 1985 was dismissed on merits vide order, dated 13‑8‑1985, with the direction to the trial Court to expedite the hearing of the case. The trial Court could not proceed with the trial as the challan was admittedly submitted only on 27‑1‑1986. The Investigating Officer states that now the trial is awaiting its turn. The A petitioner is in the judicial lock‑up for over one and a quarter year now and it is not known as to when the proceedings in the case will commence. The petitioner in view of the above is entitled to invoke the statutory ground. He is directed to be released on bail on his furnishing bail bond in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Jhang.
S.A. Bail allowed.