Sardar Mohammad Dogar, J.--The petitioner being named as accused, in case FIR No.139 dated 20.4.1989 under section 302/34 PPC of Police Station Pindi Bhattian district Gujranwala allowed bail by Addl. Sessions Judge Gujranwala, vide order dated 16.7.1989. The bail was cancelled by this court vide order dated 30.10.1989 on a petition moved by the complainant.
2. Instant petition has been moved by the petitioner for release on bailoo the grounds that in spite of a period of more than a year having passed no progress has taken place in the trial of the case that the wife of the petitioner had died two months after the registration of this case (death certificate in that regard has been placed on the record) leaving one month's old daughter who was born after the arrest of the petitioner and three other children ranging from the ages of 2 to 6 years and that there is no one to look after them. Bail has also been pressed on the ground that according to the FIR the petitioner was not armed with anything and had not inflicted any injury to the deceased.
3. The petitioner is in jail since seven and a half months after cancellation of bail. He had remained in jail two months prior to that as well There is positive statement of the learned counsel for the petitioner that no evidence has been recorded so far.
4. Taking into consideration all the facts mentioned above I feel that a case for exercise of discretion in favour of the petitioner is made out. This petition is,therefore,allowed. The petitioner shall be released on bail on his furnishing a bail bond in the sum of Rs.25,000/-,with two sureties each in the like amountto the satisfaction of Assistant Commissioner Hafizabad.
5. The state shall be at liberty to move for cancellation of bail if the facts mentioned above are found incorrect.