1. ' Applicant Muhammad Waris Brohi is being tried by learned Sessions Judge, Jacobabad for an offence punishable under sections 302. 148, 149, 114, P.P.C. And 13, D.A.O.
2. ' It is needless to embark upon the facts of the case, since the bail plea is advanced solely on the ground of hardship suffered by the applicant who was arrested on 20-3-2001 and is in custody for a period of two years, 10 months, 28 days, without trial.
3. ' I have heard Mr. Muhammad Ayaz Soomro, learned counsel for the applicant and Mr. Muhammad Ismail Bhutto learned counsel for the State, the latter concedes to grant of bail in view of the circumstances of the case as aforesaid.
4. ' Progress Report about the trial shows that challan was submitted by police on 3-4-2001 and charge was framed after two years i.e. On 7-6-2003. No evidence has, as yet been recorded and the trial is being postponed for various reasons.
5. ' On perusal of progress report sent by trial Court, it is manifestly clear that the prospects of proceedings of the trial are not in sight and such situation may continue for an unascertained period. In this view of the matter learned counsel has urged that the law laid down by the Honourable Supreme Court and this Court would adequately furnish a ground for grant of bail on hardship basis owing to detention without trial. He has relied upon following case-laws in support of his contentions:--
(1) Behram v. State 2003 PCr.LJ 73;
(2) Abdul Hameed v. State 2003 PCr.LJ 19;
(3) Shabir v. State 2003 PCr.LJ 1521;
(4) Ali Murad v. State 2003 PCr.LJ 3166;
(5) Jhur v. State 2003 PCr.LJ 1477;
(6) Shabir v. State 2003 PCr.LJ 1521;
(7) Punhal v. State 2004 PCr.LJ 90; "(8) Imran Amin v. State 2002 M LD 1416.
6. ' I have gone through the authorities cited by learned counsel. In the case of Abdul Hameed v. The State 2003 M LD 19, this Court took note of the detention of two years and eight months as a case of hardship and allowed concession of bail since the trial was making no progress. Similarly in the case of Punhal v. The State 2004 PCr.LJ 90, looking to the detention period of three years and seven months, concession of bail was allowed. This Court reviewed decisions in a large number of cases in Shabir v. State 2003 PCr.LJ 1521 granted bail in a case where detention period was 2 years, 11 months and 24 days. This Court also granted bail in Cr. Bail Application No.24 of 2004 and Bail Application No.4 of 2004 on the ground of hardship.
7. ' In the cases cited above the longer period of detention about trial has been considered as a ground of hardship. Instantly, the accused/applicant is in custody for a period of 2 years, 10 months, 8 days but the trial has not yet taken the start for no fault on the part of the accused. Mr. Muhammad Ismail Bhutto learned State counsel has thus rightly conceded to grant of bail.
8. ' Resultantly, in the aforesaid circumstances, the application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs.300,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.
9. ' Application stands disposed of along with listed applications.