1. ' This repeat bail application has been filed on behalf of the applicants Amanullah and Kaloo Khan, both sons of Khair Muhammad, after their previous application was dismissed by me on 15-1-1977.
2. The main ground urged by the learned counsel for the applicants on the last date of hearing was that although more than year had passed, the trial of the case had yet not commenced and looking to the back-log of the cases pending in the Sessions Court at Jacobabad there are no prospectus of early trial of this case and therefore the applicants deserved to be released on bail and in support of his contention relied upon the Supreme Court case report as Riasat Ali and another v. The State (1). However, in order to verify the learned Assistant Advocate-General was directed to inquire as to when this case is likely to come up for trial, Mr. Sattar Shaikh, learned Assistant Advocate-General today made a statement that the trial is not likely to commence for at least two years and further proceeded to state that although the delay per se was no ground for granting bail but, in the facts and circumstances of the case, namely that the incident appears to have been the result of the sudden encounter at the place of the applicants where the complainant party had themselves gone in search of their buffaloes, he would have no objection if the applicants are released on bail.
(1) PLD 1977 SC 480 In view of the statements rightly made by the learned Assistant Advocate General, I grant bail to the applicants in the sum of Rs, 10,000 each with one surety and P. R. In the like amount to the satisfaction of the trial Court.