' Through this petition, the petitioner seeks condonation of delay in filing the main appeal. The delay is condoned and the office isdirected to allot the number of the main appeal which is being taken up today.
' Main Appeal.
2. This is an appeal against the order, dated 4-9-2003 passed by learned Judicial Magistrate, Faisalabad, whereby, the respondents Nos.2 to 5 were acquitted-in case F.I.R. No.517 of 1997, dated 31-5-1997, under sections 365/148/149, P.P.C. Registered at Police Station Peoples Colony, Faisalabad.
3. The respondents Nos.2 to 5 faced the trial in the said case for almost 6 years and on several occasions, the summonses and even warrants were issued by the trial Court for appearance of the P.Ws., but the prosecution witnesses did not appear. Consequently, on 4-9-2003 after a lapse of 6 years, learned trial Court refused to grant further adjournment for prosecution evidence and recorded acquittal of the respondents Nos.2 to 5 on the ground that no prosecution evidence was available on file against the said respondents. The prosecution cannot be given licence to prolong the agony of the accused by avoiding to produce its evidence for an indefinite period. It is duty of the prosecution to produce the evidence as early as possible and the inordinate delay which occurred in this case justified the learned trial Court for refusing to grant further adjournment for production of prosecution evidence. As no incriminating evidence was available on file against the respondents Nos.2 to 5, their acquittal had rightly been recorded. This appeal is dismissed in limine.