' Muhammad Aslam son of Muhammad Ramzan and Muhammad Latif alias Nikka son of Muhammad Hussain, petitioners, have sought their post-arrest bail in a case F.I.R. No,168 of 1999 registered on 19-5-1999 under sections 302/324/109, P.P.C. At Police Station Muzaffarabad, Multan.
2. This bail application was admitted to regular hearing and notices were issued on the sole ground of delay in conclusion of the trial.
3. The learned counsel for the petitioners does not press the present petition to the extent of Muhammad Aslam, petitioner, as he was previously involved in some criminal cases. Thus, the bail application to his extent is dismissed.
4. I have heard the learned counsel for the parties and gone through the record. Admittedly, Muhammad Latif alias Nikkah, petitioner, was arrested on 21-6-1999 and he has no previous history of his involvement in any criminal case. I have perused all the orders passed by the learned trial Court and it transpired that not a single adjournment was sought on behalf of the petitioner.
However, from the perusal of the orders it reveals that an application was moved by the prosecution for summoning of one Muqrab Mehdi Shah as accused on 12-5-2001. On 16-2.2001 the Court was informed that said Muqrab Mehdi Shah had been murdered and the application given by the learned counsel for the complainant for summoning the abovesaid person was withdrawn on 4-7-2001. Charge was framed against the accused on 18-7-2001 and the prosecution witnesses were summoned for 25-7-2001. On 25-7-2001 although two prosecution witnesses were served but they did not appear before the Court, the trial Court took a lenient view and did not issue warrants against the absentee P.Ws. And fixed the case for 31-7-2001 for recording the prosecution evidence.
As the P.Ws. Were not present on that date as well the case was adjourned to 8-8-2001. On 8-8- 2001 although Dr. Abdul Samad, P.W., was present yet his evidence could not be recorded as the learned, counsel for the complainant submitted an application for adjournment on the ground that the S.H.O. Had not recorded the statement of one Qadir Bukhsh, who according to him was an injured P.W. Resultantly, the case was adjourned for arguments on that application for 6-9-2001.
5. The abovementioned circumstances clearly reflect the attitude of the prosecution and it seems that the prosecution intends' to keep the accused in jail for as long period as possible without trial.
In these circumstances, I am inclined to release Muhammad Latif alias Nikkah petitioner, on statutory ground, subject to his tendering bail bonds in the sum of Rs,two lacs with two sureties each in the like amoum to the satisfaction of the trial Court/Duty Judge.