' ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Younis petitioner has sought post- arrest bail in case F.I.R. No,149 registered at Police Station Satto Katla, District Lahore on 10-8-1998 for offences under sections 302/ 324/34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that admittedly the petitioner was empty-handed during the alleged occurrence and he had not caused any injury to any person during the same. According to the F.I.R. The petitioner stands saddled with the responsibility of raising Lalkara only. Apparently the petitioner does not stand directly connected with the motive set up in the F.I.R. In these circumstances the question regarding sharing of common intention by the petitioner with his co-accused as also the question regarding his vicarious liability for the offences allegedly committed by his co-accused are questions which require further inquiry at this stage. It may be true that the trial of the petitioner has already commenced but at the same time it is equally true that commencement of a trial does not pose an insurmountable hurdle in the way of granting bail to an accused person whose case is found by a Court to be one of further inquiry. A reference in this regard may be made to the case of Muhammad Ismail v. Muhammad Rafique and another (PLD 1989 SC 585). It may be relevant to mention here that the petitioner had been arrested in connection with this case on 22- 9-1998 and for the last more than five years he is behind the bars and his trial has not witnessed any significant progress inasmuch as so far the statements of only five prosecution witnesses have been recorded by the learned trial Court whereas the prosecution is yet to produce sixteen other witnesses cited in the Calendar of witnesses. Such a long period of incarcination of the petitioner before his conviction, if any, has been found by this Court to be unconscionable in the circumstances of this case.
3. For what has been discussed above this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.