1. The present application has been moved on behalf of applicant Bashir Ahmed, who is in custody since 31.10.2003. This Court by order, dated 31.1.2007 was pleased to direct the trial Court to record the evidence of prosecution witnesses within three months and the bail application of the applicant was dismissed. The learned trial Court has written in the impugned order rejecting the bail application that R & Ps of the present case alongwith other cases were burnt by the mob on 27.12.2007 after assassination of Mohtarma Benazir Bhutto and Court has sought necessary permission for reconstruction of the record, which has been granted to the Court' by order, dated 8.3.2008.
2. The learned Counsel for the applicant states that in the circumstances it is a hardship case and it is not known as to how long it will take to reconstruct the record because that is also notan easy job.
3. The learned Asstt. A.G., agrees to the contentions raised by the learned Counsel for the applicant and states that this case pertains to the special circumstances, inasmuch as that once direction was given by this Court by order, dated 31.1.2007, the trial Court should have complied with the same. Moreover, the record has been burnt. He has no objection if the accused 13 granted bail.
4. I have heard the learned Counsel for the applicant as well as Mr. Mushtaq Ahmed Abbasi, learned Asstt. A.G., and have perused the record.
5. Keeping in view the inordinate delay-in disposal of the case and non-compliance of the direction given by this Court, and burning and reconstruction of the record of fife trial Court, I hold this as a case of hardship and grant bail to the applicant upon furnishing surety in the sum of Rs, 200,000/-