' Hassan Arshad, petitioner, has moved this petition for the grant of post-arrest bail being accused in case F.I.R. No,163, dated 13-9-1993 for offences under section 302/324 of Qisas and Diyat Ordinance read with sections 148 and 149, P.P.C. Registered with Police Station Jalalpur Bhattian, District Hafizabad.
2. As per prosecution story, the petitioner along with others made indiscriminate firing as a result of which the victim died.
3. Bail is ought on the ground that the petitioner is behind the bar since arrest, that is, two years and four months earlier and that despite direction in Writ Petition No,2672 of 1995, the trial has not concluded. Further contended that no specific role is attributed to the petitioner and general role of firing is against him. In support of submissions, learned counsel relied on 1995 PCr.LJ 826 and .1996 M LD 157 and 1991 SCM R 1459.
4. Learned counsel for the complainant hotly opposed the petition. He submitted that the trial has commenced inasmuch as two witnesses have been recorded. To oppose the request of the petitioner, learned counsel relied on PLD 1994 SC 93, 1988 PCr.LJ 1699, 1987 PCr.LJ 1561 and 1988 PCr.LJ 1611.
5. I have heard learned counsel for the parties at length and have gone through the police file.
There is no denying the fact that a period of more than two years has passed but the trial has not concluded. No specific role is attributed to the petitioner except general firing. Respectfully following the law laid down in the case of Muhammad Yaqoob and others v. The State 1991 SCM R 1459, and the Lahore High Court in the case of Zamurrad Khan and 2 others v. The State 1994 PCr.LJ 577, Muzaffar Hussain v. The State 1994 PCr.LJ 1722 and clause (b) to third proviso to section 497, Cr.P.C., the petitioner is admitted to bail and shall be released from jail subject to his executing bail bonds in the sum of Rs, one lac with two sureties each in the like amount to the satisfaction of trial Court.