' It is 'contended by the learned counsel for the petitioner that co-accused Nisar was allowed bail by this Court, that offence alleged against the petitioner does not fall within the ambit of section 497(1), Cr.P.C., that petitioner party had also lodged case F.I.R. No.70 against the complainant in the same police station and that case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioner was armed, with hatchet and Dattar, that there are 13 injuries on the person of Muhammad Anwar injured, that trial has started, charge has been framed, that on the last three dates of hearing witnesses were present but on two dates of hearing learned counsel for the petitioner did not appear before the trial Court and on the last date of hearing, learned Court was on leave. .3. 1 have heard learned counsel for the parties. As the trial has started, so without going into the merits of the case, this petition is dismissed.