' KHAWAJA MUHAMMAD SAEED, J.--- This appeal has been filed against the judgment of the Shariat Court passed on 26-2-2001, whereby the order of refusal of bail to the appellant by the District Court of Criminal Jurisdiction, Mirpur ozf 15-11-1999, was maintained.
2. For the decision, of this bail matter, there is no need to mention in detail the facts of the case, suffice it to say that appellant alongwith other co-accused persons is facing trial in a case under sections 364-A and 302 read with section 34, A.P.C. Before the District Court of Criminal Jurisdiction, Mirpur. He sought bail on merits which was denied to him by all the Courts including this Court.
Later on him again sought concessions of bail on the statutory ground vide his application, dated 6-5-1999. The relief was refused to him by the trial Court vide order, dated 28-6-1999 on the ground that part attributed to him can be regarded as brutal and callous amounting to terrorism. The Court impliedly opined that the conduct of the appellant is sufficient to hold him a hardened criminal. This judgment of the trial Court was not assailed before the Superior Courts as such by lapse of time it attained finality. The appellant, herein, moved another application for bail on other grounds as well as on statutory ground on 5-8-1999. The trial Court once again refused him concession of bail vide its order passed on 15-11-1999. This judgment of the trial Court was assailed in revision before the Shariat Court on 18-11-1999. The Shariat Court allowed the revision petition and remanded the case to the trial Court for a fresh decision, however, it was' observed that the finding of the trial Court against appellant to the extent of statutory ground has attained finality.
Even this part of the Shariat Court order was not challenged before this Court. After remand, through fresh order the trial Court once again found appellant not entitled to concession of bail.
This judgment of the trial Court was assailed before the Shariat Court by the appellant and in order to avoid the findings of the trial Court, dated 28-6-1999 an application was separately moved under section 561-A, Cr.P.C. The learned Judge in the Shariat Court rejected the application moved under section 561-A, Cr.P.C. And revision petition filed against the judgment of the trial Court. This order has been assailed before us in this appeal.
3. We have heard the learned counsel for the parties and gone through the record of the case. Ch. Muhammad Sharif Tariq, the learned counsel for the appellant, argued that the case is pending disposal before the trial Court for a period exceeding four and a half years and according to him its conclusion is not insight in near future. He also tried to argue the case on merits on the ground that the data available in this case is not sufficient to connect his client with the alleged offences. It will not be proper for us to enter into the merits of the case for the purpose of granting or refusing of bail to the appellant because that may prejudice the case of either party at this stage. Previously the bail, as said earlier, was claimed on merits by the appellant but in the light of the material in the hands of the prosecution he was not found entitled to the concession of bail. So far the concession of bail on statutory ground is concerned; even this is not available to the appellant in the light of the observations recorded against him by the trial Court in its order, dated 28-6-1999 which by lapse of time have become a part of past chapter. However, we have noticed with regret that the trial of the case is awaiting completion for the last four and a half years. As we all know, inordinate delay in the prosecution of a case is an abuse of the process of the Court, we therefore, feel it expedient to direct the trial Court to complete the trial of the case within next two months from the receipt of the judgment in the trial Court.
This appeal stands disposed of in the terms indicated above.