' Learned counsel for the petitioner submits that according to case diary, dated 10-3-2003 written by DSP, petitioner has been found innocent, that case of the present petitioner is of further inquiry coupled with the fact that he was arrested on 27-2-2003 and not a single witness has been examined so far till today.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that specific role is attributed to the present petitioner, that on so many dates of hearing co-accused who was allowed bail namely, Ghulam Qadir is not appearing and making applications that he is not well that delay is being caused from the complainant side, that the alleged victim in her statement recorded under section 161, Cr.P.C. Has fully supported the prosecution case and involving the present petitioner.
3. I have heard learned counsel for the parties. In the instant case, I had allowed bail to Muhammad Saleem in Criminal Miscellaneous No. 4048/ B/2003 and then two applications for cancellation of bail i.e Criminal Miscellaneous No.4134/CB/2003 titled as Falak Sher Versus Ghulam Qadir and Criminal Miscellaneous No. 3150/B/2003 titled as Falak Sher v. State etc. Were dismissed by this Court, as they were allowed bail by learned Addl. Sessions Judge. I have gone through reports under section 173, Cr.P.C., dated 1-3-2003 and 15-4-2003 in which petitioner has been placed in Column No.3 of the Challan. Petitioner is person who along with other co-accused have put -off the clothes of victim Zanib Bibi and his case is fully covered by the prohibitory clause of section 497 (1), Cr.P.C., no ground for bail is made, therefore, this petition is dismissed.
' Learned trial Court is also directed that if Ghulam Qadir accused without any reasonable cause did not appear, he can cancel his bail, separate his case or exempt his presence from the case