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Criminal Miscellaneous No. 281‑B/BWP of 1984, decided on 25th June, 1984.

---S.497‑‑Penal Code (XLV of 1860), Ss. 302 & 307‑‑Bail, grant of Two years passed since arrest of petitioner yet trial not concluded so far‑ Petitioner declined bail by trial Court on ground that co‑accused remained fugitive from process of law for sufficient long time‑‑Petitioner not being at fault at all absence of co‑accused, held, could be no good ground to refuse him bail‑‑Petitioner allowed bail, in circumstances.

Sardar Ahmad Khan for Petitioners.

Muhammad Akbar for the State.

This is an application for bail on behalf of Muhammad Anwar and Muhammad Ashiq petitioners in case under section 302/307/325/34, P.P.C. registered at P.S. City Khanpur, District Rahimyar Khan vide F.I.R. No. 107/82.

2. The learned counsel for the petitioners submits that although the petitioners were arrested on 2‑5‑1982 and two years have passed yet the trial has not concluded. The learned counsel for the State is not in a position to controvert the submissions made by the learned counsel for the petitioners.

3. After hearing the learned counsel for the parties, I find that the petitioners were arrested on 2‑5‑1982, that two years have passed and the trial has not concluded so far and that the trial Court refused bail on the ground that Abdul Majid co‑accused remained fugitive from process of law for sufficient long time which to my mind is not a good ground to refuse bail to the petitioners who were not at fault at all.

4. For what has been stated above, the petitioners are allowed bail on the ground of statutory delay subject to their furnishing bail bonds in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Rahimyar Khan.

S.G.D. Bail granted

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