MUHAMMAD ASLAM Versus STATE

ORDER

RAJA AFRASIAB KHAN J.--- On 10th of January, 1996 at 10-20 a.m., a case under section 302/324/148/149, P.P.C. was registered with Police Station Sadar, District Bhakhar on the statement of Muhammad Ramzan against Muhammad Aslam (petitioner), Muhammad Ahsan, Muhammad Hussain, Muhammad Ashfaq, Muhammad Nawaz, Muhammad Ashraf and Muhammad Zafar for the murder of Sadiq Hussain. The petitioner was arrested on the same day i.e. 10-1-1996. On 27th of May, 1998, a direction was issued by the High Court to the trial Court for completion of the trial against the accused within two months. This period has ended on 30th of July, 1998. Learned counsel for the petitioner states that despite direction of the High Court, trial against the petitioner has not yet been concluded. Learned counsel has stated that the petitioner has earned his right to be released on bail on statutory ground. Learned Assistant Advocate-General has appeared before us. He dues not oppose the grant of bail to the petitioner on the above ground.

2. After hearing the learned counsel for the parties, we find that the trial against the petitioner has not been completed by trial Court despite direction issued by the High Court. The learned Law Officer is unable to give any explanation for non-compliance of the order of the High Court. This being so, the petitioner is admitted to bail in the sum of Rs.2,00,000 (rupees two lac) with two sureties each in the like amount to the satisfaction of learned Sessions Judge, Bhakhar. In the above terms this petition is converted into appeal and allowed.

N.H.Q/M-254/5 Bail allowed.