' MUHAMMAD NAWAZ BHATTI, J.--- The petitioner seeks post-arrest bail in case F.I.R. No,200, dated 13-8-2005 registered under sections 302, 337-A(iii), 337-F(i)/34, P.P.C. At Police Station Chhab Kalan District Khanewal.
2. According to the F.I.R., the allegation against the petitioner is that he along with his three co- accused launched an attack upon Qasim Hussain complainant and his brothers namely, Mumtaz Hussain and Muhammad Akbar and he caused injury with his hatchet on the left hand of Mumtaz Hussain and gave second injury with his hatchet on the head of Muhammad Akbar, who later on succumbed to the injuries.
3. Learned counsel for the petitioner has contended that no recovery was effected from the petitioner; that there are contradictions in the ocular account and the Medico-legal Reports, benefit of which should be given to the petitioner at bail stage and in this behalf reliance is placed upon Syed Abdul Baqi Shah v. The State 1997 SCM R 32; that during investigation prosecution could not produce any evidence to connect the petitioner with the offence, therefore, he was declared innocent by the police which makes case of the petitioner that of further enquiry and that although more than three months have passed since the withdrawal of the application of the petitioner for bail on the basis of the direction to the trial Court to conclude the trial within two months, yet the trial has not been concluded and as such the petitioner is entitled to be released on bail.
4. On the other hand, learned counsel for the State has vehemently opposed the bail application and submitted that the trial is in progress.
5. Arguments heard. Record perused.
6. No recovery was effected from the petitioner. The petitioner was attributed hatchet blows to the deceased as well as to the injured, however, according to Medico-legal Reports none of them received any sharp-edged injury, so there are clear-cut contradictions in the ocular account and the Medico-legal Reports, as such the petitioner is entitled to be released on bail. Reliance in this behalf is placed upon Syed Abdul Baqi Shah v. The State 1997 SCM R 32. The petitioner was found innocent during the investigation and has been placed in Column No,2 of the challan. Although finding of police is not binding on the Court, yet the same is relevant at bail stage especially when the finding is with regard to innocence of accused. Reliance is placed on Bashir Ahmad v. State 2005 PCr.LJ 967. Earlier the petitioner had applied for bail by filing an application (Criminal Miscellaneous No,238/B of 2006), which was dismissed as withdrawn vide order, dated 27-2-2006 passed by this Court. However, the trial Court was directed to conclude the trial within two months from the date of receipt of the said order. More than three months have passed but trial has not been concluded. Therefore, I am of the view that this delay is on account of mala fide on the part of the prosecution. If the police or the complainant indulges in delaying tactics or frustrates the powers of the Court to proceed with the matter, it would be the duty of the Court to come to the rescue of an accused person and save him from the prolonged unwarranted detention. Reliance in this behalf is placed upon Fida Hussain alias Shamla, v. The State 1982 PCr.LJ 1201.
7. In view of the above circumstances, I find that the petitioner has been able to make out a case of further enquiry, therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the trial Court.