JUDGMENT 1. - Though, this is third bail application under Section 439 Criminal Procedure Code, but, it has been filed in peculiar circumstances and deserves to be considered seriously. 2. The prosecution case is that, on 16.5.89, a Maruti car bearing registration No. PAI 5266 was checked by the Inspector (Preventive), Narcotic Drug Department, and in that Maruti car, huge quantity of opium weighing 70.100 Kgs. was recovered which was concealed behind the flapboards of the four gates of the vehicle. It is alleged that the petitioner and two other persons were in the said Maruti car. The petitioner is in jail since 16.5.89 and I have been reported that the trial has not been concluded as yet. The co-accused Phoolram was ordered to be released on bail by this Court vide order dated 21.5.92 in S.B. Cr. Misc. Bail Application No. 934/92, and the following order was passed:- "Taking into consideration the entire facts and circumstances of the case I give a last opportunity to the prosecution to examine all its witnesses within 3 months from today. If it fails to produce all his witnesses within 3 months, then the petitioner shall be released on bail by the Trial Court on furnishing bail bonds and on such terms and conditions to be determined and imposed by the Trial Court keeping in view that petitioner may be available to face the trial. The petition is disposed-of accordingly." 3. As the prosecution witnesses were not examined within three months, as directed by this Court in the aforesaid bail application, Phoola Ram has been released on bail by the trial court as reported by the petitioners counsel. The other co-accused Punnuram has been released on bail by this Court earlier. It is not disputed before me that the case of the petitioner is not distinguishable from that of other co-accused persons. The petitioner is in jail for the last 31/2 years and the trial has not concluded as yet, in such a sorry state of affairs, he cannot be kept behind the bars for an uncertain period specially when the co-accused have been released on bail, who are similarly circumstanced. 4. Consequently, I allow this application and direct that the petitioner Kashmiri Lal s/o. Chandi Ram shall be released on bail on his furnishing a personal bond in the sum of the Rs. 20,000/- (Rs. 4. Consequently, I allow this application and direct that the petitioner Kashmiri Lal s/o. Chandi Ram shall be released on bail on his furnishing a personal bond in the sum of the Rs. 20,000/- (Rs. Twenty thousands) with two sureties in the sum of Rs. 10,000/- each, to the satisfaction of the trial court to appear before it or any oilier court during the pendency of trial on all dates of hearing. The bail shall be subject to the following conditions: (i) that the petitioner shall appear before the trial court on all the dates of hearing so that the trial may not be further delayed; and, (ii) the petitioner shall not repeat similar offence in future. If he violates any of the conditions, the prosecuting agency shall be free to move application for cancellation of his bail before the trial court and the trial court shall decide the same in accordance with law. *******