1. ' The prosecution allegations are that the present accused/applicant Pathan and 8 others tired at the party of the deceased killing 3 of them. The incident occurred on 18-12-1977. Applicant Pathan had been released on bail but subsequently in 1974 his bail was cancelled by the High Court.
2. Thereafter he has remained in jail continuously for about 3 years. The case watt before the committing Magistrate and thereafter it came to Sessions Court; Hyderabad but the trial has not commenced so far. It is likely to take at least a couple of years more.
3. ' It has been argued by Mr. Muhammad Ali Shaikh that there were in all 3 eye-witnesses cited in the F. I. R., namely, the complainant, Kewro and Sukhio. He has pointed out that the complainant has not supported the case before the Committing Magistrate. That Kewro has not mentioned the present applicant Pathan by name in his 161, Cr. P. C. Statement and that the 3rd eye-witness Sukhio is said to be dead. Mr. Muhammad All Shaikh has accordingly pointed out that on this evidence the probabilities of the case ending in conviction are meagre. However, the applicant has already remained in Jail for 31 years and since the trial has not even been commenced he is likely to continue to remain in custody for more than 5 years. As observed in Riasat All's case (1) by the Supreme Court such delay amounts to abuse of process of Court.
4. ' Bail is accordingly allowed to the petitioner and he may be released on furnishing P. R. And with one surety in the sum of Rs, 25,000 to the satisfacdon of Sessions Judge, Hyderabad. {{FOOT NOTE}}
(1) PLD 1977 SC 480 {{FOOT NOTE}}