' ALI SAIN DINO METLO, J.--- Heard learned counsel for the applicant and the learned State counsel.
The latter has opposed bail.
2. The allegation against the applicant is that on 9-3-2007 at 2330 hours, he burnt some clothes of complainant Muhammad Jehangir's customers lying in the office of his embroidery factory situated in Sector 14-C, Orangi Town, Karachi and also set on fire a motorcycle parked outside the factory. He did so because he was annoyed on his removal from the service of the factory.
3. The applicant was arrested on 9-3-2007 and is continuously in custody without any progress in the trial. Learned counsel for the applicant states that despite issuance of repeated notices by the trial Court, the prosecution has failed to produce any witness.
4. The offence is punishable under section 435, P.P.C. With imprisonment, which shall not be less than two years nor more than seven years. There is no allegation that the applicant intended to set the building of the factory or of the office on fire. Nor any damage is shown to have been caused to the building. In such circumstances, applicability of section 436, P.P.C., which relates to destruction of any building, requires only further inquiry as contemplated by subsection of section 497 of the Code of Crimit Procedure, 1898.
5. Apparently, the offence does r come within the prohibitory clause section 497, Cr .P.C. And there are special reasons for refusing bail to t applicant particularly when he has remain in custody for more than a year, with( any progress in the trial. Accordingly, he directed to be released on bail on givi one surety in the sum of Rs,50,000 a personal bond in the like amount to the trial Court.