' FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against impugned judgment, dated 8-4-2003 passed by the Lahore High Court, Lahore whereby Criminal Miscellaneous No, 1626/B of 2003 for grant of bail was dismissed.
2. A case F.I.R. No, 108 of 2002 under sections 302, 148 and 149, P.P.C. Was registered on 13-7-2002 against the petitioner and others at Police Station, Safdarabad, District Sheikhupura for the murder of Qamar Habib. The petitioner was attributed a fatal fire shot on the head of the deceased. The petitioner moved Criminal Miscellaneous No, 1626/B of 2003 for grant of bail which was dismissed by a learned Single Judge of the Lahore High Court, Lahore by the impugned judgment, dated 8-4- 2003.
3. The learned counsel for the petitioner submitted that as many as three successive investigations were conducted by senior police officers in which the petitioner was found innocent and was placed in Column-II of the police report under section 173, Cr.P.C. However, the petitioner was challaned under sections 337-H(H), 148 and 149, P.P.C. It was further argued that the case against the petitioner called for further inquiry in view of the opinion of the police and for the reason that cognizance had not been taken by the trial Court on the private complaints.
4. We have heard the learned counsel for the petitioner at length. It appears that in addition to the First Information Report, the statements of the eye-witnesses were recorded by the police under section 161, Cr.P.C. Who implicated the petitioner as a principal accused of the offence. The submissions made by the learned counsel require deeper appreciation of the prosecution case which exercise is not ordinarily undertaken by this Court. The Lahore High Court declined to grant the bail to the petitioner after going through the statements of the witnesses recorded under section 161, Cr.P.C. And the other material to which no exception could be taken. In the circumstances, the discretion exercised by the High Court cannot be said to be arbitrary. This is not a fit case for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition which is hereby dismissed and the leave to appeal is refused accordingly.