' This is an application for grant of bail on behalf of Muhammad Amin who stands arrested for the murder of Muhammad Sabir committed on 14-9-1990 in Chak No,311/EB by giving Sota blows.
2. It may be mentioned that initially seven persons were named in the F.I.R., as assailants of the deceased, out of which 5 have been declared as innocent. The petitioner and one Iqbal were held responsible for causing the death of the deceased. It is noteworthy that in F.I.R. Only one simple injury on the wrist of the deceased is attributed to the petitioner. Muhammad Iqbal co-accused of the petitioner has already been granted bail by this Court vide order, dated 31-3-1992 in Criminal Miscellaneous No,339/B of 1992.
3. Having heard the learned counsel for the petitioner I find that the petitioner's case has not been concluded so for despite his being in jail for two years without any fault of his, therefore, he is entitled to be released on bail under proviso 3rd subsection (1) of section 497, Cr.P.C. Consequently I allow this petition and direct that he be released on bail subject to his furnishing bail bond in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of trial Court.