' This is the sixth time that Anwar Ali petitioner has approached this Court for his release on bail in case F.I.R. No,369 of 1992 of Police Station Factory Area of Sheikhupura on the ground that he had been in custody for about 6 and half years and that he was entitled to the concession of bail on statutory ground. At least two earlier petitions filed by the petitioner which were dismissed by this Court canvassed bail on the same ground of delay. Last such petition in line was Criminal Miscellaneous No,4410/B of 1996 which was dismissed on 21-5-1998 whereafter the petitioner is stated to have approached the Honourable Supreme Court for the said relief through Criminal P.S.L.A. No,398/L of 1998. From the present petition it appears that when the said petition came up before the Supreme Court on 29-12-1998, Rana Ijaz Ahmad Khan. The learned Counsel for the petitioner did not press the said petition and instead prayed for permission to withdraw the same reserving the right of the petitioners to approach the High Court for the implementation of this Court's order whereby direction had been issued to the learned trial Court to conclude the trial within three months.
2. Since the earlier plea of the petitioner for his release on bail on account of delay had already been dismissed by this Court which order of this Court had not been disturbed by the Honourable Supreme Court, therefore, this further petition on the same ground is misconceived. The only right which the petitioner had reserved while withdrawing his bail petition from the Supreme Court, as has been noticed above, was the right to pray to this Court for the implementation of the direction issued by this Court for early disposal of the trial.
3. On the question of non-compliance of this Court's order for earlier conclusion of the trial, the learned Counsel for the complainant submits that after disposal of the petitioner's earlier bail application which carried directions to the learned trial Court. To conclude the trial within three months, Rana Ijaz Ahmad Khan, Advocate had petitioned this Court for the withdrawal of the trial in question from the learned trial Court with which it was pending and for the entrustment of the same to some other learned Court. This petition had, however, been moved by Rana Ijaz Ahmad Khan, Advocate on behalf of a co-accused of the present petitioner, namely, Dost Muhammad, pursuant to which transfer petition, it was directed by this Court that the final judgment shall not be announced. This order was passed on 22-9-1998. This petition was finally dismissed by a learned Division Bench of this Court on 8-2-1999 after the said learned D.B. Had held that the petition appeared to have been instituted for extraneous considerations and even the security of Rs,5,000 ordered to be deposited at the time of issuing of notice in this petition, had been ordered to be forfeited. We confronted the learned Counsel for the petitioner with an order available on the file of the learned trial Court wherein it had been mentioned by the said learned trial Court that in view of the pendency of the transfer application, the learned Counsel for the parties had jointly prayed that the proceedings in the trial Court should not be continued till the final decision of the High Court on the said transfer application. The learned Counsel for the complainant submits that after the dismissal of this transfer application no progress could be made in the said trial because the learned Presiding Officer conducting the said trial had been transferred without posting of any substitute.
4. The stage where the trial today stands is that entire prosecution' evidence stands examined and it is now some Court-witness whose evidence is to be recorded.
5. In view of what has been noticed above, this petition for bail is misconceived and is accordingly dismissed.
6. About the implementation of this Court's order for early disposal of the trial, the trial in question is entrusted to the learned Sessions Judge at Sheikhupura who shall either conduct the trial himself or entrust the same to some learned Additional Sessions Judge at Sheikhupura for its conclusion. It is submitted before us that perhaps only one C.W. Remains to be examined. The learned trial Judge who gets seized of this matter shall then take steps to ensure that the trial in question is concluded within three months from the date that the said learned trial Judge gets seized of the trial. The learned trial Judge shall submit a report to this Court about the progress in the trial on every date of hearing. This order shall be immediately conveyed to the learned Sessions Judge at Sheikhupura for compliance.