This is an application by Nur, Muhammad A.I, Basher, Bakhsha, Sheru, Mahmood and Khizer, for the grant of bail. They had earlier applied for bail vide Criminal Misc, Nos. 576/B-73 arid 820/B-73, merely on the ground of delay. The learned State counsel appearing on that date; submitted that the case teas been closed and the Magistrate has promised to finish tae commitment proceedings within 15 days after recording the Defence Witnesses. I, therefore, rejected the applications by my orders dated 28-3-1973 and, 30-3-1973 respectively.
2. Malik Muhammad Qasim, the learned counsel for the petitioner has now filed the present application saying that the statement made by the learned State counsel at that time was not factually correct; that some of the prosecution witnesses still remain to be examined and in spite of passage of time some prosecution evidence has yet to be recorded.
3. The case was registered against the petitioners as far back as on 12-4-1969. The petitioners are rotting in jail ever since then. I feel that the delay is inordinate and in view of the observations of the Supreme Court in Manzoor Khan v. Kamir (1972 SCMR 207) that:- "It is not the intention of the law to keep under trial prisoners, includ--ing those charged with capital offence without trial for inordinately long periods without any satisfactory explanation or reason to justify that action."
The same view was taken by the Supreme Court in Riasat A.I v. Ghulam Muhammad (PLD 1968 SC 353) wherein it is observed inter alia that:- "The prosecution cannot be permitted to enlist the will of the Court on its side directly or indirectly in prolonging the worries and harass--ment of an accused person which are inevitably caused by the protract--ed detention without trial. Leisurely steps taken in filing the challan, tardy and halting production of evidence or seeking of unnecessary adjournments, except those necessitated by force of circumstances must be strongly deprecated."
Respectfully following the above-noted authorities, I am of the view that the petitioners are entitled to the grant of bail. They are therefore, released on bail in the sum of Rs. 10,000 (Rupees ton thousand) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Sahiwal.
4. I may, however, mention that if the learned Inquiry Magistrate finds at the end of the inquiry that there is sufficient material to commit the accused-petitioners, he can exercise his powers under section 220, Cr. P. C. And order the petitioners to be taken in custody. It shall then he open to the petitioners to apply for bail only on the ground either that the commit--ment order is defective or there are no reasonable grounds for believing that the petitioners are guilty of an offence punishable with death or transportation for life.
5. A copy of this order be given dasti on payment of usual charges.