1. ' The applicant is facing trial in a case registered at Police Station Dadu for an offence punishable under section 302, P.P.C. He has sought bail only on the ground of statutory delay.
2. ' The applicant was arrested on 27-2-1999 and the charge was framed on 15-6-1999 whereafter the case made a very slow progress and only 5 witnesses have so for been examined. The Investigating Officer and the Mashirs are yet to be examined by the trial Court. The case diaries show that the Court has time and again called upon the prosecution to produce the case property and Chemical Report and even a notices under section 175, P.P.C. Has been issued against the concerned S.H.O. But of no avail.
3. Applicant has completed two years in detention and the learned A.A.-G. Is not able to show if there is any default on the part of applicant or he has in any' manner contributed towards the delay in conclusion of the trial. There are no other case, cases against him and the other reports are also favourable. Since the applicant has remained in detention for a period of more than two years and four months and there is no default on his part in conclusion of the trial, he is entitled to grant of bail on the ground of statutory delay within the meaning of third proviso to section 497(1), Cr.P.C.
4. ' Consequently the application is allowed; the applicant be released on furnishing surety in the sum of Rs.3,00,000 (Three lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court.
5. ' Bail granted.