1. This is a bail petition filed on behalf of Ghoram who is facing trial under section 302/307, P.P.C., vide F.I.R. No.22 of 1983 dated 15-4-1983, registered at Police Station, Hurri. The petitioner was arrested on 16-4-1983.
2. Mr. Qurban Ali the learned counsel for the petitioner has submitted that his trial has not been concluded within two years from the date of his arrest and as such, he is entitled to be released on bail under provisions of proviso (i.e) of subsection (1) of section 497, Cr.P.C. In this connection, learned counsel for the petitioner has referred to cases Khwand Baloch v. Ghulam Sarwar PLD 1982 Kar. 965, Ghulam Jan v. The State 1984 P Cr. L J 2456 and Shouki alias Shoukat and others v. The State and another 1984 SCMR 613.
3. Mr. Muhammad Ibrahim Memon, the learned counsel for the State has not opposed the petition.
4. I have carefully considered the above before me and have gone through the case diary.
5. It is an admitted position that the petitioner was arrested on 16-4-1983. It is stated that the trial of the petitioner was commenced on 2-5-1983 when the challan was presented. However, as the trial did not conclude within the period of two years from date of arrest of the petitioner, he applied for his release on bail before the trial Court in terms of proviso (i.e) to subsection (1) of section 497, Cr.P.C. The trial Court rejected the bail application vide order, dated 22-5-1985.
6. I find from the perusal of case diary that the petitioner was not responsible for delaying the trial beyond the period of two years.
7. The cases cited by the learned counsel for the petitioner are applicable to the facts of this case.