' Muhammad Sharif petitioner along with 5 others is charged for the murder of Walayat on 5-10- 1986 with gunshot over a land dispute. He had earlier applied for bail on merits but it was declined on 28-3-1987 and 27-7-1987. He has again moved for bail on the statutory ground i,e, non-disposal of the case within a period of two years of the date of his arrest. He was arrested in December, 1986 but the prosecution evidence has not been completed as yet.
2. A report was called for from the learned trial Court in this behalf. According to the report some of the adjournments were occasioned on account of adjournments sought by the defence counsel.
3. Learned counsel for the petitioner states that only one adjournment was sought on behalf of Muhammad Sharif petitioner on account of pre-occupation of his counsel. The other adjournments were sought on behalf of the other accused. He has cited Should alias Shoukat and another v. The State and another 1984 SCMR 613 where it was held that act or omission of one of the co-accused who were being jointly tried would not deprive others of benefit of bail when the accused himself was not responsible for delay in trial and that the Court should consider case of each accused individually.
4. It is not clear from the report of the learned trial Court that the trial could not be concluded on the ground of adjournment sought on behalf of the petitioner but the fact of the matter is that the trial has not come to an end as yet despite the fact that the petitioner is behind the bars since over two years. Another ground pressed for bail is that only ineffective firing has been attributed to the petitioner and that his co-accused Ilyas similarly placed was admitted to bail by this Court on 28- 3-1987.
5. Keeping in view the delay in the trial I admit the petitioner to bail in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of the trial Court.
' The trial Court is directed to expedite the trial.