1. The petitioner is facing trial for the murder charge before the learned Sessions Judge, Sahiwal, in a case under section 302/34, P.P.C. registered against him through F.I.R. No,277 of 1994 dated 10-7- 1994 at Police Station Saddar Sahiwal for the allegation of committing the murder of one Muhammad Akram. The charge having framed about 10 months earlier the prosecution evidence has not yet been recorded in toto and case is now fixed for 29-9-1997 for the remaining evidence.
2. 2.The petitioner has been refused statutory benefit for the grant of bail on the ground that he was involved in three other criminal cases relating to F.I.Rs, Nos.247of 1994, 220 of 1994 and 223 of 1994 under sections 324/34 and 337, P.P.C. respectively.
3. 3.Learned counsel for the petitioner contended that one case was compromised and in remaining two cases, the petitioner has been acquitted under section 249-A, Cr.P.C. and that presently except the present case no other case is pending either in the investigation or before any Court against the petitioner. He placing on record a copy of the order sheet of the trial Court contended that only on two occasions the defence counsel sought adjournments whereas on the remaining 16 dates the case could not proceed either because on non-availability of the witnesses or the presiding officer and, therefore, the delay is not attributable to the petitioner. He with reference to Zahid Hussain v. State (PLD 1995 Supreme Court 49) contended that the statutory right of the petitioner for the grant of bail under clause (b) of third proviso of subsection (1) of section 497, Cr.P.C. cannot be withheld in ordinary circumstances.
4. 4.No one appeared on behalf of the State to oppose this petition.
5. 5.Having considered the unjustified delay in the conclusion of the trial without any contribution of the petitioner and the reasons on the basis of which he has been refused the statutory right of grant of bail by the learned Sessions Judge, the contention of the learned counsel that the grant of bail on statutory ground cannot be refused is not refutable. The petitioner is behind the bars continuously for the last 2 years and 10 months and the trial is still at the stage of evidence and there being no expectation of early conclusion of the trial, the petitioner is entitled to be extended the benefit of the statutory right of grant of bail. The petitioner is allowed bail subject to his furnishing bail bond in the sum of Rs, one Lac with two sureties in the like amount each to the satisfaction of the Trial Court.