1. ' It is alleged that on 5-2-1988 at about 8-30 p.m. Complainant Liaquat Ali accompanied by deceased Shamsuddin was going to his village one motor-cycle when they were accosted by four persons armed with guns. One of those culprits who was wearing Loi fired his gun which hit Shamsuddin. Complainant Liaquat Ali took position behind the bridge and fired 5 shots at the culprits -from his revolver. The -culprits made good their escape. Shamsuddin died. The matter was reported to the police which immediately reached the scene of offence and found applicant Fakir Ali lying injured at a distance of 180 paces wearing Loi and having a gun. He named his companions as co-accused Shah Pasand, Ghulam Hussain and Nooral Shah. Co-accused Shah Pasand was released on bail by me as complainant Liaquat Ali exonerated him. Bail of Fakir Ali is pressed mainly on the ground that he has remained in custody as an under trial prisoner for more than 3-1/2 years. The previous bail application on the similar ground was dismissed as the trial Court as well as myself were of the view that from the facts and circumstances of the offence with which he is charged the applicant appears to be a desperate and dangerous person.
2. ' More than one year has passed to that order but no progress whatsoever has been made in the trial of the case. It is really disgusting. Apart from that in Gul Khan's case where leave to appeal was granted by the Supreme Court to resolve the conflict of opinion in this Court as to the interpretation of IVth proviso to section 497, Cr.P.C. With regard to the legal position as to whether the facts and circumstances of the offence in hand could be taken into consideration for holding a person as desperate and dangerous accused has been granted bail by short order through the reasons have not been disclosed as yet.
3. ' Under these circumstances, I direct that applicant Fakir Ali be released on bail on furnishing surety and P.R. In the sum of Rs,50,000 to the satisfaction of B trial Court.