1. ORDERIJAZ NISAR J.- Muhammad Javed and Kifayat Ullah petitioners alongwith nineteen others are charged with the murders of Muhammad Sharif. Muhammad Rafiq. Ghulam Rasul and Khan Muhammad with firearms. Hatchets and sticks on 2-7-1985. Since they-had been found innocent during, the investigation, they were not challenged. However, they were subsequently summoned by the learned trial Court. They were released on bail by a D.B. Of this .Court (Crl. Misc. 3152-B 881.
2. Presently they are facing trial in the Court of learned Addl. Sessions Judge. Daska. They were released on interim bail by this Court on 26-2-95. The order reads as under: "lt is stated that Muhammad Javed and Kifayat Ullah were granted bail by the learned Addl.
3. Sessions Judge, Daska on 5-10- 94, which was later on re-called by him on 21-11-94. On the ground that since their bail plea had been turned down by the High Court on 13-7-94, therefore, they could be admitted to bail. Learned Counsel for the petitioners submits that the order dated13- 7-94 was passed in Cr. Misc. No. 1548-B/93 where a clarification was sought regarding the assumption of jurisdiction by the Special Court for Speedy Trials and there was no mention in the said order of the grant of bail or otherwise to the petitioners. Learned counsel for the petitioners states that the petitioners had been found innocent during investigation and were not arrested at the initial stage and that they were summoned by the Court on the basis of statement of an injured P.W. Made during trial.
(2) Issue notice to Muhammad Yaqub son of Allah Ditta, caste Jat. Resident of village Sukho Nohr.
4. Tehsil Daska, on' whose application the bail of the petitioners was cancelled.
(3) Meanwhile, both the petitioners are admitted to interim bail in the sum of Rs. One lac with two sureties each in the like amount to the satisfaction of Addl. Sessions Judge. Daska.To come up for further proceedings on 13-3-95".
2. We have heard e learned counsel for the parties at I -ngth. Since the petitioners had been found innocent during investigation, and were gfanted bail by a D.B. Of this Court prior to their conv iction, which was later on set aside by this Court, we are inclined to confirm their interim bail. We order accordingly. The trial Qourt is directed to conclude the trial within a period of three months positively.