Safdar Hussain, an accused in a case registered against him under section 324/148/149, P.P.C. Vide F.I.R. No. 24 of 1993 at Police Station, Kacha Khuh, has moved this application for grant of bail on statutory ground.
2. Earlier he has been refused bail by this Court on merit vide order dated 2-10-1993 passed in Criminal Miscellaneous No.895-B of 1993.
3. The allegations against the petitioner are that he alongwith his co---accused fired at the complainant party causing injuries to Asad Abbas and Ansar Iqbal during the occurrence having taken place on 26-1-1993 in the marriage ceremony of Safdar Hussain with Mst. Kaneez Fatima. The motive in the background was to take revenge of the murder of Khadim Abbas and Mureed Abbas.
4. It is contended by the learned counsel for the petitioner that after distribution of copies of the statements under section 161, Cr.P.C in July, 1993, the petitioner is waiting for his trial in the jail for the last eleven months but not a single witness has been examined so far.
5. Learned counsel for the State as well as the learned counsel for the complainant were not been able to show that the delay in conclusion of trial was due to the fault on the part of the petitioner.
6. Having regard to the fact that the challan in the case was sent to the Court in July, 1993 and the case after framing of the charge is pending in evidence since September, 1993 but the evidence of even formal witness has not been recorded what to expect the conclusion of trial at an early date.
The petitioner having earned statutory right of concession of bail by virtue of third proviso to section 497, Cr.P.C. Cannot be refused bail except for the condition laid down in fourth proviso to section 497, Cr.P.C.
Accordingly, the petitioner is directed to be released on bail subject to his furnishing-bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the trial Court.