ORDER SARDAR MUHAMMAD ASLAM, J.- The petitioner seeks post-arrest bail in case F.I.R. No. 691, dated 11.11.2003 registered under Section 395, PPC at Police Station, Kahna, Lahore on the ground that he has falsely been involved in the instant case; no identification parade was conducted and that a bogus recovery has been planted against him.
2. On the other hand, learned DPG opposes the grant of bail to the petitioner.
3. Heard. Record perused.
4. The petitioner was arrested on 1.1.2004. Charge was framed on 10.6.2004. Vide order dated 31.1.2007, passed in Crl. Misc. No. 9675/2007, a direction for completion of trial by or before 31.3.2007 was issued.
Despite that the case is hanging fire and the prosecution has failed to produce even a single witness. Delay in trial, without fault attributable to the accused, works injustice. Prosecution cannot be allowed to adopt a relaxed attitude in production of witness and keep the accused in jail at the expense and cost of exchequer, which is maintained mainly through indirect taxation by the public-at-large Such an unconscious delay amounts to punishment in advance, without trial. It appears that the mechanism for speedy conclusion of trial has failed. Neither the prosecution nor the process serving agency, is alive or keen in discharge of its duties. The Presiding Officer barely watch the proceedings and acts as an idle spectator. Perhaps, they have ignored a sacred responsibility on their shoulders to discharge by administering justice and refusing mechanical adjournments.
5. For what has been discussed above, the petitioner has made out a case for concession for bail.
Accordingly this petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of Trial Court.