' Having been involved in case registered vide F.I.R. No,465, dated 29-7-1999 under sections 302/324/148/149, P.P.C. At Police Station Sheikh Matloon Mardan, the petitioners filed application for ad interim pre-arrest bail, which was dismissed on 1-11-1999 and they were taken into custody. They have been facing trial in the Court of learned Sessions Judge, Mardan.
2. Mr. Khawaja Muhammad Khan, the learned counsel representing the petitioners argued that the accused-petitioners were arrested on 1-11-1999 and since then they are in custody. Trial against them was concluded on 2-6-2000 but co-accused Siyar and Mushtaq were arrested and separate charges were framed against them. The accused-petitioners have also been tagged with the trials of Siyar and Mushtaq, which is not likely to be concluded in the near future.
3. It was also argued that the petitioners are entitled to be released on bail on statutory grounds because the trial was not delayed at their instance. Reliance was placed on Asif Ali Zardari v. The State 1993 PCr.LJ 781.
4. On the other hand Mr. Muhammad Salim Khan, Advocate representing the complainant argued that petitioners are desperate criminals. They have been charged for murder of three persons namely Subhanullah, Farooq and Abdul Samad and injuring Muhammad Ishaq. Trial against the petitioners concluded on 2-6-2000 and they were directed to produce defence evidence. They have been delaying the trial by not producing the defence evidence, therefore, they are not entitled for concession of bail.
5. Mr. Tariq Javed, learned Deputy Advocate-General also argued that three persons were murdered in a brutal manner and one was injured by the accused-petitioners and while deciding the bail application of such accused, Court must keep in mind the brutal etc. Reliance in this regard was placed on Iqbal Bruhi v. The State 1998 PCr.LJ 2066.
6. I have heard the learned counsel for the parties and perused the record of the case.
7. In this case challan against the accused-petitioners was put into trial Court on 1-12-1999.
Accused were summoned on 16-12-1999. Charge against them was framed on 8-2-2000, prosecution produced its evidence and the trial was concluded on 2-6-2000. Thereafter, accused- petitioners were directed to produce their defence evidence as they had wished to produce evidence and to be examined under section 340(2), Cr.P.C. But they did not produce their defence evidence. During the pendency of the trial, two co-accused namely Siyar and Mushtaq were arrested and charges against them were also framed. The accused-petitioners have been tagged with the trial of Siyar and Mushtaq.
8. No doubt the accused-petitioners are not responsible for delay of trial but the fact remains that they have been charged for murdering three persons and injuring another. Their brutal act cannot loose sight of this Court at this stage, therefore, keeping in view the material available on record against them and the act committed by them brutally I am not inclined to release them on bail.
Their bail application is, therefore, dismissed. The learned trial Court is, however, directed to conclude the trial against Siyar and Mushtaq within a period of four months, failing which the accused would be entitled to move bail application afresh before the learned trial Court.