1. ' The applicant Ali Murad son of Shamsuddin Pathan, involved in Crime No,71 of 2000, P.S. Rustam, offence under sections 302, 337-HA(ii) and Fi, 147, 148, 114, P.P.C.
2. ' Claims bail on the ground of delay and hardship in addition to fact that other co-accused Shamsuddin was extended bail. According to learned counsel case of applicant is identical to that of Shamsuddin who was extended benefit of bail in Cr.B.A. No,98 of 2003, by another A member of this Bench, vide order, dated 20-1-2003. Charge, in this case has not yet been framed. Allegation against the present applicant is of Lathi blow on the person of Samar Khan. He is alleged to have received four injuries, one injury is attributed to the applicant as was the case of Shamsuddin.
3. ' Learned State Counsel fairly concedes the bail on the ground of delay. Further co-accused persons appears to be enjoying the benefit of bail.
4. ' Under circumstances, looking at the fact that no charge is yet been framed and for the fact that Court is lying vacant since 3-7-2003, as reported in the bail order in Cr.B.A. No,98 of 2003, present applicant is also extended benefit of bail on the plea of hardship and delay, subject to furnishing two solvent sureties in the sum of Rs,1,00,000 (one hundred thousand) and P.R. Bond in the like amount.
5. ' In the case the applicant misuses the concession of bail, the learned trial Court may cancel the bail.