' The petitioner is facing trial in a case under section 302/363 of the P.P.C. And under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He has applied for his bail.
2. The learned trial Court was asked as to when the trial of the case is about to be concluded and it was reported that the trial would be concluded on the last date of hearing, the learned counsel for the petitioner had urged that all the eye-witnesses may be examined on one and the same date for their effective cross-examination and the case was procrastinated.
3. In this case, the delay in its disposal has been occasioned on account of the fact that the learned Sessions Judge, Rahimyar Khan, who was dealing with this case, was mostly on leave. On two or three occasions, the petitioner had also sought adjournments. But it is not the fault of the petitioner that the learned trial IA Court was on leave and the statutory period elapsed on that ground. Since the decision of the case is not insight and the petitioner was arrested in September, 1985 and is constantly in jail, I allow bail to the petitioner in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Rahimyar Khan, till the disposal of case against him.