1. ANWARUL HAZI, C. J -The petitioner is aggrieved by the refusal of the Lahore High Court to enlarge him on bail in a case pending against him under sections 148, 302 and 307, P. P, C. Read with section 149 thereof.
2. In the first information report recorded on the 22nd of May, 1975, it was alleged that the petitioner Baboo was a member of the unlawful assembly, that he was armed with a gun and he fired a shot which hit prosecution witness Nasibullah. During the course of the transaction in which Ibrahim was killed, it appears that a large number of persons en the complainant side were injured.
3. An earlier application filed by the petitioner for the grant of bail bad been dismissed by the High Court on 21st October, 1975. His second application was dismissed on the 21st of January 1977 for the reason that no new grounds had been made out.
4. It is submitted by Mr. Chughtai that the fatal shot is not attributed to the petitioner, that he was found innocent by the Investigating Officer, and that in any case there has been considerable delay in the trial of the case, which is not likely to take place for some time due to the pendency of a large number of cases in the Sessions Court.
5. As the allegation against the petitioner is that he had joined the unlawful assembly by arming himself with a gun, it is immaterial whether the fatal shot is attributed to him or not. Although the Investigation Officer is said to have found him innocent, yet the name of the petition was not shown in Column No. 2, but in Column No. 3 as a regular accusedNo benefit can, therefore, accrue to the petitioner on the basis of the opinion formed by the Investigating Officer during the investigation.
6. It is true that there has been delay in the trial of the case, but delay per se is not a sufficient ground for the grant of bail. We would accordingly dismiss this petition, but the petitioner may, if so advised, apply again to the appropriate Court in case there is inordinate delay in the commencement of the trial.