1. ' Applicant Rana Javed son of Abdul Salam, who is detained in Crime No,152/92 registered at Police Station Orangi Town, Karachi on 3-11-1992, has approached this Court for bail after a similar application moved on his behalf is rejected by the trial Court of IInd Additional Sessions Judge, Karachi-West on 21-2-1994. Applicant is charged with an offence under section 17(3), Offences Against Property (E.H.O.), 1979. Earlier Bail Application No,903/93 moved on behalf of the applicant was dismissed by this Court on 17-10-1993 and the learned trial Court was directed to examine the complainant at least within a period of three months. After the evidence of the complainant and some witnesses was recorded, the bail application was repeated which was dismissed as stated above.
2. ' I have heard the learned counsel for the parties and perused the record. The main ground urged on behalf of the applicant is, that although applicant was arrested on 3-11-1992, the trial has not concluded as yet for no fault of the applicant. It is also argued that in the F.I.R. It is stated that one of the three culprits who entered the gate of factory robbed Rs,4,000 from the complainant but the description and particulars of such culprit are not given. In so far as P.W. Noorul Islam who is examined by the trial Court, it is pointed out that he has not supported the prosecution case which makes applicant's case as of further enquiry and the applicant would be entitled to bail. Mr. Ashiq Raza, learned Advocate appearing for the State, has opposed the bail application and has argued that the applicant was the main accused who robbed the amount from the complainant and recovery of such amount is effected from him. I have considered above contentions of the learned counsel and have also gone through the evidence of the witnesses so far examined. The applicant was admittedly arrested on 3-11-1992 but the trial has not concluded as yet and the applicant is behind the bars for nearly 18 months. Such delay is scandalous and shocking. Although the ground of statutory delay in conclusion of trial is not available to the applicant yet such delay which is not occasioned by the applicant would entitle him to the grant of bail. The applicant is admitted to bail and he shall be so released if he furnishes one surety in the sum of Rs,50,000 (Rupees fifty thousand) with P.R. Bond in the like amount to the satisfaction of the learned trial Court.