' The main ground taken in support of the bail plea is that while dismissing the application for bail instituted by the applicant this Court by order, dated 30-3-2001 in Criminal Bail No,228 of 2001 directed the trial Court to record evidence of material witnesses namely Haji Waris, Abbas Ali and Asif within three months, but this direction could not be complied with by the trial Court and although an explanation has been offered by the trial Court in the report submitted to this Court recently, but nothing can be made out there from to ascribe any default to the applicant in examining those witnesses. Learned counsel for the applicant in support of his contention relied on Gul Hassan Penhyar v. State 1997 SCM R 390, Muhammad Aslam v. State 1999 SCM R 2147 and Jadeed Gul v. State 1998 SCM R 1124. Secondly, the applicant was arrested on 2-9-2000 and has completed a period of continuous detention of more than one year as such he is entitled to grant of bail on account of statutory delay.
2. Learned State Counsel frankly conceded that both the grounds are available to the applicant as the law laid down by the Honourable Supreme Court is clear on this point, while the continuous detention of applicant has also exceeded one year.
3. In view of the above contention it is needless to go into the minute details, however, it is to be noted that in this incident nobody from the police who effected arrest of the applicant had received any injury. The material witnesses were to be examined within the stipulated period but even the charge has not yet been framed. No doubt the Court has made efforts but the compliance of the directions of this Court could not ultimately be made for which there is no default on the part of applicant. The other ground that applicant has also completed a period of one year detention is, however, immaterial as it was not taken in the trial Court.
4. Nevertheless, in the circumstances, learned State Counsel rightly conceded to grant of bail. The application is allowed and the applicant be released on bail on furnishing surety in the sum of Rs,1,00,000 and executing P.R. Bond in the like amount to the satisfaction of trial Court.