1. ' MUHAMMAD MOOSA K. LEGHARI, J.---The applicant is facing trial in Sessions Case No,202 of 1999, arising out of crime No,14 of 1999, Police Station Piaro Laund, under sections 302, 34, P.P.C. On the accusation of causing murder of Eidan.
2. ' The bail is pressed solely on the ground of hardship as the accused is behind bars since 31st May, 1999, but the trial has yet not concluded. As contended by learned counsel of the applicant/accused the examination-in-chief of three witnesses was recorded after the directions of this Court vide order, dated 22-8-2002 but those P.Ws. Are not attending the Court for the purpose of their cross-examination despite issuance of N.B.Ws.
3. ' Learned A.A.-G. While referring to the order, dated 26-4-2004 passed by the trial Court has contended that some progress was made after the directions and three out of nine P.Ws. Were examined. However, he has not able to place on record any progress made after April, 2004 though one year has passed.
4. The applicant is behind bars since last six years. The case diary placed on record reveals that N.B.Ws. Are being issued against the. P.Ws. As they are not attending the Court. The direction given by this Court for expeditious disposal of the case could not be complied with despite the lapse of almost two years. In my humble view this is a case of hardship as inordinate delay in conclusion of trial is alarming. Besides there seems no chance of coercive progress in the near future due to nonappearance of P.Ws. Despite issuance of coercive process.
5. ' In the circumstances, the applicant is granted bail in the sum of Rs,2,00,000 (Two Lac) and P.R.
6. Bond in the like amount to the satisfaction of the Trial Court.