1. ' Present applicant is seeking bail in Crime No,67 of 1998 under sections 302, 324, 435, 148 and 149, P.P.C. Registered with Police Station, Sijawal District Larkana.
2. ' The present bail application is being moved on the ground of statutory delay. Learned counsel for applicant has submitted that the present applicant was arrested on 13-12-1998 since then he is behind the bars and so far the charge has not been framed by the trial Court. He has also placed the case diary in support of his contention. Mr. Nisar Ahmad G. Abro has also placed reliance on the case of Muhammad Yousaf v. The State 2000 SCM R 79-80, wherein the Honourable Supreme Court has granted bail on the ground of statutory delay to the accused whose act was condemnable and was charged with two murders and yet the bail has been granted to the accused on the ground of statutory delay. The law cited by the learned counsel for the applicant is applicable in the instant case. On the other hand Gul Hassan Solangi learned State counsel has very frankly recorded no objection after taking into consideration the authority of Honourable Supreme Court.
3. We have examined the case diary and the material available on the record. Admittedly so far the charge has not been framed and no delay has been attributed to the present applicant towards the trial. We have also noticed that no efforts have been taken by the trial Court to procure the attendance of the absconders accused under the STA Act as provided under section 5 of the said Act. Accordingly, the present applicant who has been arrested on 13-12-1998 has completed two years and has been able to make out good prima facie case for grant of bail on the ground of statutory delay. Accordingly, applicant namely Ubedullah Jatoi is granted bail subject to furnishing surety in the sum of Rs,2,00,000 and P.R. Bond ,in the like amount to the satisfaction of trial Court.