' ALI SAIN DINO METLO, J---Granted.
2. The date has already expired and the application has becume infructuous.
3. Heard Messrs Abdul Rahman Farooque Pirzada, Advocate for the applicant and Habib-ur- Rahman Shaikh, Assistant Advocate-General. The latter has no objection to the grant of bail as the applicant has remained in custody for about seven years without trial and without any fault on his part in causing the delay.
' According to the prosecution, on 25-11-2000, at 0015 hours, applicant Allah Bux Leghari, finding deceased Mashooque Ali Chandio, a resident of Larkana District, in compromising position with his wife Zuhran, killed him and wounded his wife with a wooden shaft, in his house situated in Mubarak Colony, Sukkur.
' In the month of February, 2001, Hafiz Nazir Hussain, brother of the deceased, filed complaint directly in the Court, alleging that four other persons, namely, Muhammad Piral, Deedar, Bajhi and Khair Muhammad were also with the applicant in killing the deceased and that too on a money transaction.
' The trial Court decided to proceed with the direct complaint first. However, the complainant failed to produce any witness. Inspite of making all possible efforts trial Court failed to secure attendance of the complainant and his witnesses. The non-bailable warrants repeatedly issued against them were returned unexecuted with the reports that the complainant and his witnesses, having shifted to some unknown place, were not traceable. The complainant's Advocate also gave the same statement.
' It is the right of every accused to be put to trial within a reasonable time or to be released on bail.
An accused cannot be kept in custody for indefinite period without trial. There is no concept of punishment before conviction in our system of criminal administration of justice. The applicant has remained in custody for about seven years, which is the substantial part of his life, without trial and he is not at fault in causing the delay. To keep him further in custody will amount to abuse of process of law particularly when the witnesses are not traceable. Accordingly, the applicant is directed to be released on bail on giving one surety in the sum of Rs.400,000 and personal bond in the like amount to the trial Court.