1. Applicant Shahnawaz, facing trial in Crime No, 32/2002, for an offence under Sections 302, 324, 337- H(ii), 148, 149, P.P.C. was declined bail on merits by the learned trial Court. This Court's order also in B.A. No, 618/2003, dismissed the bail application on 26.1.2004, and directed the learned trial Court to frame the charge and examine the witnesses within three months from the date of receiving of the order of this Court. It appears that the directions of this Court were received by the learned trial Court as referred in the diary dated 18.2.2004, on examination of diaries upto date thereafter, shows that even charge has not been framed. The prosecution on several occasions failed to produce the accused persons who was behind the bar since 8.5.2002, it appears that the charge is also not framed on the ground that co-accused Sajjan has not engaged the counsel. Since the case under Section 302 P.P.C. entail capital punishment the learned trial Court may appoint a pauper counsel for such accused persons, who are unable to engage counsel as there is no reason not to comply with the order of the Court. Where from the record it appears that the prosecution is slow in proceeding with the case and as even police papers were not supplied to the accused person on many dates. Accused is behind bar since 8.5.2002 and despite expiry of period fixed by this Court while hearing bail application. It appears that the prosecution is not keen to proceed with case, the charge as has not yet been framed what to subject of examination of any evidence. It appears that there are general allegations against as many as 17 people duly armed with weapon to have caused fire at the complainant party which resulted in the death of two persons. There is no specific allegation against the applicant directly. In circumstances and coupled with the delay in prosecution. Applicant is extended bail subject, to furnishing two solvent surety in the sum of Rs, 200,000/- (two hundred thousand) and PR bond in the like amount. The applicant shall continue to attend trial Court on each & every date. In case, concession of bail is misused or abused, learned trial Court will be at liberty to cancel the bail and forfeit the surety to the State.