' Petitioners pray for their bail in case F.I.R. No,23/94, dated 3-2-1994, registered at Police Station Chhanga Manga, under section 302/34, P.P.C. The accusation against them is that on the night between 2/3 of February, 1994, they trespassed into the cattleshed of the complainant where his father Wall Muhammad was asleep in order to protect his cattle. At about 1 a.m. (after mid-night) barking of the dogs awoke the complainant and his mother, Mst. Sharifan Bibi. When they went into the cattleshed they found three persons grappling with Wali Muhammad. The complainant, however, brought his licensed gun and fired in the air in order to frighten away the intruders. One of them also fired which hit his father Wali Muhammad who succumbed to the injuries.
2. Learned counsel for the petitioners contends that this is an unwitnessed occurrence and the investigators have not been able to connect the petitioners with the crime; the only connecting evidence collected by the police is that of tracker and that too after a month of the occurrence which carries no weight in the eye of law; the petitioners are in jail since long time and no useful purpose can be served by their further detention.
3. Learned State counsel has pointed out that the two senior Police Officers had been conducting the investigation and they had found the petitioners guilty; Muhammad Mansha one of the petitioners had made extrajudicial confession and rifle .222 bore had also been recovered; the challan has been submitted to the Court and tomorrow is the date for commencement of the trial.
4. Arguments have been heard. Perusal of the record prima facie shows that the police appears to have collected evidence connecting the petitioners with the crime. The challan has also been submitted and the trial has commenced, as such, it does not appear to be a case for bail. The application is therefore, dismissed. The trial Court is, however, directed to ensure conclusion of the trial within this month.