' LAL JAN KHATTAK, I.---Petitioners seek their post-arrest bail in case F.I.R. No,608 dated 19-10-2013 under sections 302/ 147/148/149, P.P.C. Of Police Station, Ouch, District Dir Lower.
2. Petitioners are involved in the murder of one Zahir who was done to death on 19-10-2013. It is worth to mention that earlier bail plea of the petitioners was turned down by this Court on 17-12- 2013 and directions were given to the prosecution to conclude the trial within a period of two months. Since, trial has not been concluded within the above period, therefore, the petitioners have sought their release on bait through the instant petition for failure of prosecution to end up its case against them.
' Arguments heard and record gone through.
4. At the very outset of the hearing, it was pointed out by the learned counsel for the complainant that all the prosecution witnesses have been examined except two whose evidence would be recorded within a couple of days.
5. No doubt, that prosecution has not concluded the trial within the time given to it by this court but defence too is equally responsible for non-conclusion of the trial as it also got adjourned the case on two or three occasions. However, since two witnesses are there to be examined, therefore, without blaming either side for the delay, the learned trial Court is directed to conclude the trial within the shortest period of time because when two or three witnesses were to be examined then in that eventuality court should neither grant nor cancel bail to an accused. Wisdom is derived from a judgment reported in 2011 SCM R 1332.
6. In wake of the above, this petition is dismissed but with a direction to the trial Court to conclude the case within a period of one month positively. Office is directed to send record of the case to the trial Court forthwith.