1. ' MUSHIR ALAM, J.---Bail is pressed only on the ground of delay. It appears that the applicant Bashir Ahmed son of Ismailimplicated in Crime No,49 of 2000 Police Station Bhan, for an offence under sections 302, 324, 147, 148, 149 and 14, P.P.C.
2. ' In the F.I.R. Specific allegation of causing direct fire-arm injury is attributed to Riaz Mallah. Presence of Bashir Ahnied is shown in the F.I.R. At the place of occurrence. His bail application was declined by this Court on merits in Criminal Bail Application No,270 of 2002 vide order, dated 28-6-2002.
3. ' It was contended by the learned counsel that the applicant surrendered and was taken into custody on 15-7-2000. It was urged that he appeared voluntarily in order to face the trial but the trial did not commence for no fault on this part. It appears that the charge was framed on 26-1- 2002 but the matter did not proceed any further. The learned trial Court has noted that the case has not proceeded on account or non-production of accused, non-availability of the Presiding Officer, pendency of the Officer, pendency of the Reference before the Sessions Judge and in this Court, non-appearance of the counsel of the accused persons and non-availability of the prosecutors. However, while declining the bail, Court directed that strong process for all prosecution witness be issued and also complete other formalities viz. Case properties, police papers, ballistic report or any other thing which could cause delay and this matter be not adjourned for more than three days after Presiding Officer, arise which is expected in the first week of October, 2006.
4. ' Learned counsel has drawn attention to the diaries of the Court which shows that on the first date the case was adjourned as the prosecution witnesses were absent and the case, property was also not produced. On the subsequent date also the matter could not proceed for want of the Police Papers and on two occasions adjourned has been requested by the counsel for the accused but on which date also it seems that the entire formalities were not completed as it does not shown that the case property was produced.
5. ' Applicant is behind bars since 15-7-2000 and more particularly when overact is attributed to Riaz Mallah for his alleged presence at the scene of occurrence, he cannot be held indefinitely.
6. ' Under circumstances the applicant is admitted to bail however, subject to furnishing two solvent sureties in the sum of Rs,1,00.000 (one Hundred Thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.