ORDER 'n The petitioners have been challaned in a case under sections 148, 302, 307, 325/109 and 149, P. P.
C. (F. I. R. No, 121/80, dated 30-8-1980, P. S. Shakargarh).
2. They along with others stand charged with the murder of one Manzoor Ahmad and for causing injuries to Farman Ali and Nazeor Ahmad.
3. Bail is urged on the ground of delay in the completion of the trial. According to the learned counsel, the petitioners were arrested in September, 1980 and are behind the bars since then.
4. A It is an admitted fact that the trial has not concluded as yet. Even if the time consumed as a result of the adjournment sought on behalf of the accused on various occasions is excluded, the period of their detention comes to more than two years. It is a settled proposition of law that after the amendment of section 497, Cr. P. C. If the trial of an accused is not concluded within the specified period as mentioned in sub-clauses (a) and (b) of subsection (1) of section 497, Cr. P. C.
He is entitled to bail as a matter of right provided the delay in the trial has not been occasioned by an act or omission on his part or any person acting on his behalf. Following the precedent reported as Nazir Hussain v. Ziaul Hag and others (1), 1 admit the _petitioners to bail in the sum of Rs, 15,000 (Rupees fifteen thousand only) each with two sureties each in the like amount to the satisfaction of the learned Sessions Judge, Sialkot. {{FOOT NOTE}}
(1) 1983 SC MR 72 {{FOOT NOTE}}