1. ' This bail application has been moved on the ground of hardship. Counsel has urged that the applicant has been arrested in Crime No.24 of 2000 registered with P.S. (Garhi Yasin) for offence under sections 302, 114, 34, P.P.C. According to him without going into the merits of the case the applicant has remained behind bars for the last two years and no charge has been framed. He has pointed out that the applicant was arrested on 21-5-2000 and he has produced certified copies of the case diaries in support of his contention that the matter did not proceed for no fault of the accused.
2. ' Learned counsel appearing for the State has opposed the grant of this bail on the ground that there was judicial confession of the accused by virtue of which he has been arrested. Looking at the F.I.R. It seems that the name of Abdul Nabi does transpire in the F.I.R. But the only role attributed subsequently is that all four accused persons collectively fired on Waheed Ali. It is further stated in the F.I.R. That when the complainant was going towards the police station for lodging the report he met his nephew Manzoor Ali who stated that the accused had also committed murder of Mst.
3. Zainab in the house.
4. I have considered all the facts of the case and has noted that no matter how sad and gruesome the story, one cannot overlook the fact that the case is pending for a long time. It is also interesting to note that the other co-accused were shown in Column No.2 in Challan-Sheet as pointed out by the 3rd Additional Sessions Judge, Shikarpur. If indeed all four have shot then, I do not see why one person continues to remain behind bars. Accordingly bail is granted in the sum of Rs.200,000 and executing a P.R.- bond in the like amount to the satisfaction of trial Court.