1. SHEIKH RAIZ, J. - The petitioner is accused of the commission of offence under Sections 395/397 read with Section 412 PPC.
2. A case vide FIR No. 49, dated 9th March, 1995 was registered at the Police Station Race Course, Lahore, with regard to the commission of dacoity. The petitioner was not named in the FIR.
3. According to the prosecution, it is submitted that he along with another co-accused Akram approached one Aman Ullah, the owner of a printing press where one Abdul Rashid was also sitting. According to the prosecution story, the petitioner made an extra-judicial confession before the afore-mentioned persons. The confession made on 16.3.1995 was disclosed by Aman Ullah and Abdur Rashid to the police and on the same day, the petitioner was arrested and subsequent thereto, he was allowed bail but he absconded and was declared absconder in pursuance of the proceedings taken against him under Sections 87/88 Cr.P.C. It is further submitted by the Assistant Advocate-General that the petitioner was arrested by Sadiq Abad Police Station on 28th of February, 1996 and since then he is behind the bars.
4. In support of this bail application, it is contended by the learned for the petitioner that the co- accused have been allowed bail and the trial has not yet commenced because the Special Courts have been abolished and the Sessions Judge, Lahore, has to take cognizance of the case and as yet, no proceedings towards the commencement of trial have taken place.
5. Having noticed all these circumstances', we are of the view the petitioner is also entitled to the grant of bail on statutory ground because more than a year has elapsed since he was taken into custody. In this view of the matter, we direct the petitioner shall be released on bail provided he furnishes security in the sum of Rs.2,00,000/- (Rs. Two hundred thousand) with two sureties each in the like amount to the satisfaction of trial Court.