IFTIKHAR HUSSAIN CHAUDHARY, J. - Petitioner is one of the accused in case FLR No. 78, dated 17.4.1994 for offence u/s. 302/324/34 PPC registered at Police Station Phalia District Mandi Baha-ud- Din.
2. Muhammad Ansar, petitioner was married to Mst. Kalsoom Akhtar who on account of some dispute with her husband was living in the house of her parents and later filed a civil suit for dissolution of marriage against Ansar. According to first informant who was a cousin of Mst.
Kalsoom Akhtar, they were sitting in the courtyard pf the house when Muhammad Ansar, Arshad and Muhammad Nawaz carrying pistols entered into the house and expressed their desire to forcibly take-away Mst. Kalsoom Akhtar, with them: Mst. Azra and Mst Kalsoom Akhtar left the house out of fear but were followed by Ansar and others. Mst. Azra and Mst. Kalsoom Akhtar in order to save themselves entered the house of Nadir Khan. The accused also followed them and then Muhammad Ansar fired at Mst. Kalsoom Akhtar hitting at her chest second fire shot by Arshad hit on the thigh. Shot fired by Nawaz hit Mst. Azra Begum. Mst. Kalsoom Akhtar died at the spot.
3. Petitioner was arrested and has applied for grant of bail to him.
4. It has been urged on behalf of the petitioner that he was arrested in the case more than three years ago but trial of the case against the petitioner has not made any progress and as such the petitioner deserved the concession of bail. Learned counsel for the State opposed the grant of bail to petitioner.
5. Petitioner was arrested in the case on 24.4,1994 and as such is behind the bars for a period exceeding three years. Copies of statements of prosecution witnesses were delivered to accused on 8.2.1997 which would show that for all practical purposes trial of the case against the petitioner has not commenced so far. The petitioner under the circumstances is entitled to grant of bail.
6. Petitioner shall be released on bail during pendency of the trial subject to furnishing bail bonds in the sum of Rs. 2,00,000/- (two lacs) with two sureties in the like amount to the satisfaction of the trial Court.