1. SAIDUZZAMAN SIDDIQUI, J.---The petitioner has called in question, through the above petition, the order of a learned Judge in Chambers of High Court of Sind dated 26-8-1993 whereby the bail was refused to the petitioner on the ground of delay in conclusion of the trial as follows:-- "The trial of the case is almost complete except that I.O. Remains to be examined for which the learned Trial Court is taking all steps to procure his attendance. Bail application in these circumstances merits no consideration and is accordingly dismissed. The learned Trial Court shall procure the attendance of the I.O. And if need be, even issue coercive process against him and complete trial within a period of three months from the date of this order."
2. The learned counsel for the petitioner contends that in spite of the above-quoted positive direction by the learned Judge in Chambers, the trial has not been concluded and the petitioner is being denied his statutory right to be enlarged on bail under the 3rd proviso to section 497, Cr.P.C. The learned Additional Advocate-General, Mr. Abdul Ghafoor Mangi, admits that in spite of the expiry of the period of three months fixed by the High Court for conclusion of the trial, the Investigating Officer has not been examined in the case. It is also quite clear from the record before us that the petitioner is not in any way responsible for the delay in conclusion of the trial. The learned Additional Advocate-General, makes a request that one month's the may be allowed to the Trial Court to conclude the case as the Investigating Officer, who is present in Court, could not be examined in the case by the Trial Court, since the files relating to the case were with him. Mr. Mangi positively undertakes that the trial of the petitioner will be concluded under all circumstances by the Trial Court within one month from today.
3. In view of the statement made by the learned Additional Advocate General today in Court, we convert this petition into appeal and dispose of the same as follows:-- "The Trial Court is allowed one month's the to conclude the trial of the petitioner. In case the trial is not concluded within one month from today, the petitioner shall be deemed to have been granted bail in the case on expiry of one month's period and will be enlarged on bail by the Trial Court on furnishing one surety in the sum of Rs.1,00,000 and personal bond in the like amount to the satisfaction of the Trial Court. The appeal stands disposed of, accordingly.