1. The present applicants Qasim, Raja, Ahmed alias Galoo, Ali Muhammad alias Muhub and Haroon facing trial in Crime No, 11/2002, Police Station Jagan at Hamayoon for offence under Sections 302, 324, 337H(2), 148, 149, PPC.
2. In unfortunate incident two persons have lost their lives. Present' applicants were arrested on 11.2.2002. Charge was framed on 7.8.2003. In this case another co-accused Attar was extended bail by this Court on the ground that this is a counter case and on both sides persons have lost their lives. Case is reported as Attar v. State 2004 Pakistan Current Criminal Ruling. 1289. It was contended by the learned counsel that since the date of arrest and framing of charge no witness has since been produced and one of the co-accused was also extended benefit of bail. The applicants may also be extended benefit of bail.
3. Progress report was called from the learned trial Court. From the record it appears that the statement was made by the process served on 2.6.2004 that the complainant Mir Dost Bakhrani and his private witnesses have absconded away in Crime No, 7/2004 of Police Station Jagan at Hamayoon and also in some other cases. It appears that learned State counsel does not dispute such factual position. Accused are behind the bars since over two years eight months. From the report called from the learned trial Court it appears that there is no possibility at least for year or two that the applicant and or witnesses could be examined. Such future delay can reasonably be anticipated was also considered in number of cases by the apex Court while computing the plea of bail on the ground of delay. Under the circumstances and for the reason above applicants are extended benefit of bail. However subject to furnishing two solvent sureties in the sum of Rs, 200,000/- each and P.R. bond in the like amount to the satisfaction of the trial Court.
4. In case the applicants misuse or abuse the concession of bail learned trial Court will be at liberty to cancel the same and entire amount of surety may be forfeited to the State if the circumstances so require.