' Applicant Shamsuddin is facing trial for an offence under sections 302, 337-A(ii), 337-F(i), 147 and 148, 114, P.P.C.
2. It is alleged that on 29-11-2000 at about 5-00 p.m. Complainant Usman Ghani was present in the house of applicant Shamuddin where they had gone to see complainant's daughter and grand- daughter. They saw Shamsuddin armed with pistol, Ali Khan with hatchet, Ali Murtaza, Ali Gohar and Ali Murad with Lathis and on the instigation of Mst. Zulekhan and Amina accused Ali Khan gave hatchet blows to complainant's daughter namely Mst. Khatoon which hit her on head. Accused Ali Murtaza inflicted Lathi blows to Mst. Zulekhan which hit her on her hand and other parts of the body.
Accused Shamasuddin gave butt blow to complainant's grand-daughter Mst. Amina while Ali Murad inflicted Lathi blows upon her on forehead and other parts of the body. The accused persons then disappeared from the scene. Mst. Amina was found in unconscious condition while Zulekhan and Khatoon were raising cries. Complainant lodged F.I.R. At Police Station Rustam on the same day. The applicant was arrested on 29-11-2000.
3. I have heard Mr. Jai Jai Veshno learned counsel for the applicant and Mr. Muhammad Ismail Bhutto learned State counsel and perused the relevant material.
4. The main ground advanced in support of bail plea is that for a period of over three years the applicant is in custody yet there are no prospects of trial to commence as the charge has still not been framed. On merits it was contended that basically the role assigned to the applicant is of instigation and thereafter only a butt blow is attributed to him. The other accused have been granted bail by this Court.
5. A report was called for from the trial Court. Learned inchargeAdditional Sessions Judge as in his report pointed out that the Court is lying vacant since 3-7-2003 and that no charge has been framed.
6. On merits the allegation against the applicant is that he gave a blow with the butt of the pistol and his son Ali Murad inflicted Lathi blows. On the face of it the above circumstances, would tend to show that apparently the intention to kill was lacking. This incident has taken place within family and in the house of the applicant who was allegedly armed with pistol yet nothing appears from record as to what prevented him from making a fire if the intention was to kill. On this score the case of applicant would call for further enquiry. There is delay in commencing with the trial which in the afore-mentioned circumstances cannot be overlooked.
7. For the foregoing reasons the application is allowed, the applicant be released on bail on furnishing surety in the sum of Rs.2,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Coutt.