1. This is an application for bail on behalf of accused Kabeer and Gul Sher on the ground of delay in trial. Both the applicants along with co---accused are being tried for the offence punishable under sections 302, 307, 323, 447, 504, 114/34, P.P.C. And the case is pending before the learned Sessions Judge, Hyderabad.
2. Mr. Qurban Ali Chohan learned counsel has contended that the applicants have been remained in jail for more than two years and trial has not yet been completed, therefore, applicants are entitled to bail under proviso 3 of section 497, Cr.P.C.
3. Mr. Syed Sarfraz Ahmed learned A.A.-G. Has frankly conceded to the grant of bail to the applicants.
4. The bail plea of applicant Gul Sher on merits was rejected by this Court by an order, dated 29-1- 1985. Therefore, their bail has not been considered on the facts. Applicant Kabeer was arrested on 12-11-1984 while Gul Sher was taken into custody on 16-11-1984. Admittedly both the applicants were remained in jail for more than two years. It is argued by Mr. Chohan that applicant sought only one adjournment due to some unavoidable circumstances. I have gone through the case diaries. The challan was filed on 27-11-1984 whereas for one or the other reason, the charge was framed after about one year eleven months i.e. 20-10-1986. On perusal of the diaries it is clear that the property and chemical report were not available before the learned Sessions Judge and some times the custody was not produced. However, accused cannot be burdened for the delay in trial. They are entitled to get concession of bail under proviso 3 of section 497, Cr.P.C. Accordingly the applicants are admitted to bail on furnishing two sureties in the sum of Rs.50,000 each and P.R. Bond each to the satisfaction of Sessions Judge, Hyderabad.