MUHAMMAD RAMZAN Versus PROVINCE OF PUNJAB

ORDER

The allegation against the petitioner was that he eloped with the lady Mst. Sharifan who has already five sons and two daughters from her husband. She has not so far been recovered and has been lately placed in the challan as a co accused. Proceedings under sections 87 and 88, Cr.P.C. are said to have already been taken in hand against her. The F.I.R. shows that he was seen with the lady boarding a bus for Bahawalpur. Thereafter no clue was available as to where they went and how they behaved to each other. According to counsel at the most it was a case of Ta'zeer entailing R.I. for seven years justifying indulgence to the petitioner. The detention for seven months, besides a like period of delay in reporting the offence, was said to be additional reason for granting him bail.

2. On the other hand, learned counsel for the State argued that the delay was ascribable to the petitioner's own conduct inasmuch as he had been time and again offering to produce the lady before the police.

3. Be that as it may, quite a long period of delay in reporting the offence, detention of the petitioner for seven months in the jail, the failure on the part of the police to submit the challan and also to recover the lady appeared for all purposes sufficient grounds to see that the petitioner was not detained‑‑only to enable the police to recover the lady. In Mehar Din v. Nazar Hussain and 3 others 1979 S C M R 351 an accused in detention was allowed bail and the plea of! keeping him in detention to arrest the co‑accused was spurned.

4. Consequently the petitioner is allowed bail subject to his filing a bond in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of the trial Court.

M.Y.H./F‑108/L

Bail granted.