' This is an application by Nur, Muhammad Ali, Bashir, Bakhsha, Sheru, Mahmood and Khizer, for the grant of bail. They had earlier applied for bail vide Criminal Misc. Nos. 576/B-73 and 820/B-73. Merely on the ground of delay. The learned State counsel appearing on that date submitted that the case has been closed and the Magistrate has promised to finish the 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 petitioners 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 examine,1 and in spite of passage of time some prosecution evidence .
As 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 (1) that:- "It is not the intention of the law to keep under trial prisoners, including 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 All v. Ghulam Muhammad (2) 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 harassment of an accused person which are inevitably caused by the protracted 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 ten 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 Om he open to the petitioners to apply for bail only on the ground either that the commitment 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 charge. {{FOOT NOTE}}
(1) 1972 SCMR 207 (2) PLD 1968 SC 353 {{FOOT NOTE}}