SARDAR TARIQ M ASOOD, J.Petitioner has impugned the order dated 03.10.2022 passed by Lahore High Court, Lahore in Criminal Misc. No. 49630-B of 2022 through which post-arrest bail was declined to him on statutory ground in case FIR No. 552/21 dated 27.04.2021 offences under sections 324, 379, 337-A(i), 337-L(2), 109, 148 and 149, P.P.C. registered at Police Station Batapur, Lahore.
2. After hearing learned counsel for the petitioner, learned DPG and complainant who is present in court we observe that statutory period is one year whereas, petitioner was arrested on 26.05.2021 and now more than two years have passed and he is behind the bars. The charge in his case for the first time was framed on 17.01.2023 and till then there was no fault on the part of the petitioner qua delay in the trial. Although subsequently certain dates were obtained but that are not relevant because prior to framing the charge there was no delay on the part of the petitioner and he became entitled for the concession of bail on statutory ground. Consequently, this petition is converted into an appeal and is allowed. Petitioner is enlarged on bail subject to his furnishing bail bonds of Rs. 200,000/- (Rupees two hundred thousand) with two sureties in the like amount to the satisfaction of Trial Court. As in this case trial has already been commenced hence, we expect from the Trial Court to conclude the trial expeditiously and if petitioner or any person acting on his behalf makes any hurdle in the conclusion of trial the Prosecutor is at liberty to file application for cancellation of his bail on the ground of misuse of concession of bail and same shall be decided by the Trial Court on the said ground.