' The petitioner is involved in a case under sections 302/148/149, P.P.C. Vide F.I.R. No,7 of 1995 dated 9-1-1995 registered at Police Station Garh, District Faisalabad for the murder of one Asad Masood, a brother of the complainant. The petitioner was arrested in the aforesaid case on 14-2-1995 and since then, he is in continuous detention and the trial has not yet been concluded.. This petition is moved under section 497(3), Cr.P.C. For grant of post arrest bail on statutory ground vis-a-vis that a period of two years has passed but the trial has not yet been concluded nor there is any possibility of its conclusion in the near future and as such, the petitioner is entitled to bail under the law.
2. The petitioner had earlier applied twice for bail before the learned trial Court but his applications were rejected with the remarks that his case would fall under proviso 4 of section 497, Cr.P.C. As he was hardend, desperate and dangerous criminal.
3. Learned counsel for the petitioner has submitted that the learned trial Court fell in error to hold that the petitioner is hardend, desperate and dangerous criminal although there was no material before it to support the aforesaid view. It was also contended that though the petitioner was attributed a shot on the person of the deceased but another co-accused with similar role was discharged at the request of the police by the Ilaqa Magistrate alongwith two others although all three of them have been summoned to face the trial by the learned trial Court. It was contended that case of the petitioner was not distinguishable from Khizar Hayat co-accused whose fire had also hit the deceased on his chest. It was, therefore, submitted that even on that ground, the petitioner was entitled to bail.
4. Learned counsel for the State has submitted that there is nothing on record to show that the petitioner, was either involved in any criminal case in the past nor there was any substance with the prosecution to show that in fact he was hardend criminal. However, bail was opposed on the ground that the trial is in progress and is likely to be concluded in the near future.
5. I have considered the foregoing contentions and had also called for the report of the learned trial Judge. The learned trial Judge has submitted in his report that there are 139 cases pending in his Court. The charge has been framed in 31 cases and 30 cases are awaiting trial which are older than this case. The total pendency in his Court in the terms of units is 2310. A such, it was submitted by the learned trial Judge (Learned Addititional. Sessions Judge, Faisalabad) that the trial of this case is likely to be concluded within a period of 11 months if no hurdle is caused on behalf of the accused. He has, however, assured that if any direction is issued for early disposal of case, it shall be complied with in letter and spirit.
6. Apart from going through the aforesaid report of the learned Additional. Sessions Judge, Faisalabad I have 'also gone through. The order sheet of the trial Court, the copies of which have already been placed on record by the petitioner. The order sheet shows that the case has not been firmly dealt with according to the instructions given by the High Court from time-to-time for the disposal of murder cases. It is true that there is heavy pendency of cases in the Court of the learned Additional. Sessions Judge, Faisalabad but the fact remains that the case was not properly dealt with. There is a clear instruction from the High Court that murder cases should be proceeded day-to-day till the Trial is conclude& .However, in this case long dates have been given without any proper justification. It may be emphasised that whenever a sessions case is taken up for trial, it should be tried on day-to-day basis and any longer date should be given for the well-supported reasons. In. The instant case, the instructions issued by the High Court have not been followed which has resulted into prolongation of its trial. The petitioner is a principal accused in this case and the trial is already in progress. The petitioner has, therefore, no case for bail at this stage but it will suffice the ends of justice if it is directed to the trial Court to conclude the trial within three months after the receipt of this order.
7. The office shall see that this order is communicated to the trial Court at the earliest date and the same be got acknowledged. The learned trial Judge after concluding the trial as directed above, shall send a report to this Court.
8. The petition is accordingly dismissed with the above orders.