1. ' This bail application is moved on behalf of the applicant only on the ground that he has remained in jail for more than two years, but the trial has not been concluded and as such he is entitled to be released on bail under 3rd proviso to subsection (1) of section 497, Cr.P.C.
2. ' Mr. Zaheer Qureshi learned counsel for the State states that he has not received the police papers.
3. As the only ground raised in the application is of remaining of the applicant in jail for more than two years without trial being concluded, there appears no necessity of police papers. From the bail order it appears that the learned trial Court had come to the conclusion that the applicant was entitled to bail under the 3rd proviso to subsection (1) of section 497, Cr.P.C., as he has remained in jail for more than two years, but his bail application was rejected holding that the case was covered under the 4th Proviso to subsection (1) of section 497, Cr.P.C., as the applicant was a dangerous, hardened and desperate criminal. The only ground on which the trial Court came to the above conclusion, was the F.I.R. Which has been reproduced in the bail order. From this F.I.R. It appears that the applicant had murdered his wife suspecting her to be of bad character. Such murders on such grounds are not uncommon and on this ground alone the applicant cannot be considered to be a desperate, hardened and dangerous criminal so as to deprive him of the right of bail under 3rd proviso to subsection (1) of section 497, Cr.P.C. Furthermore, Mr. Sardar Mohammad Ishaq has produced certified copy of the statement in Court of the complainant which shows that she has not supported the prosecution and has been declared hostile by the prosecution.
4. ' Under the circumstances, in my opinion, the applicant is entitled to bail under the 3rd proviso to subsection (1) of section 497, Cr.P.C. I, therefore, order the applicant to be released on bail on furnishing surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.