' The petitioner is one of the six accused who are facing an inquiry for commission of offences under sections 148, 302/307/49, P. P. C. The occurrence took place on 9th of October, 1973 and the F.
I. R. Was drawn up on the next day. In this incident Sarfraz lost his life and four persons received injuries at the hands of the accused. The allegation against the present petitioner is that he gave a dang blow to Fazal Elahi P. W.
2. The main ground urged for release of the petitioner on bail was the delay that has so far occurred in the conclusion of the inquiry. The petitioner was arrested on 12th of October, 1973 and the challan was presented in Court on 12th January, 1974. From that date till 23rd September in for about eight months the procedure for taking proceedings against the two absconders under section 512, Cr. P. C. Could not be completed. The constable who was to make statement remained absent on many hearings and on a couple of hearings the Alhmad who issued warrants, did not appear. One would think that it could have been possible for the learned Magistrate to enforce the presence of these two witnesses who are admittedly Government servants. It also appears from the report of the learned Magistrate that the High Court had summoned the records of this case in connection with the hearing of Cr. Misc. No, 110 of 1974 on 27th of March, 1974 and the record was sent back on 5th of July, 1974. The file remained with the Sessions Court for about a month. On one occasion i,e, on 17th of February, 1975, when two prosecution witnesses were present, the case had to be adjourned for the absence of the learned counsel for the defence. The learned Magistrate dealing with this case has expressed hope that we will expedite the matter.
3. It is submitted on behalf of the petitioner that he is in jail since 12th of October, 1973, and all this delay which took place cannot be attributed to him. Only on one hearing the learned counsel for the accused was absent. It is further submitted that out of twenty-one witnesses cited in the calendar, only nine have so far been examined and the inquiry has yet to go a long way off. The minor part played by the petitioner in giving a single dang blow to Fazal Elahi P. W. Is also pressed into service. It is also urged that the venue of the fight is the Ihata of the baithak of the accused and according to the learned counsel the other side had come with aggressive designs.
4. I do not address myself to this latter argument. But in view of the facts that the petitioner has been in jail for about eighteen months and the case has been proceeding in a halting manner and the petitioner has played a comparatively minor role in the commission of the offence. I direct that 4 the petitioner be released on bail in the sum of Rs, 10,000 (Rupees ten thousand) with two sureties in the sum of Rs, 5,000 each to the satisfaction! Of the Inquiry Magistrate.