1. ' MRS. SYEDA TAHIRA SAFDAR, J.---Through instant application the applicant seeks for grant of concession of bail in his favour, as he has committed no offence, while he was not aware of registration of case and pendency of the trial, as soon as he came to know about the same he approached his counsel and surrender him before trial Court for grant of bail before arrest, which was initially granted, but thereafter, re-called without any justification. He has been involved in present case with co-accused persons with mala fide intention only to humiliate them in eyes of their friends, relatives and general public. Further, no specific role has been assigned to him.
2. Furthermore, the co-accused persons were acquitted of the charge under section 265-K, Cr.P.C. It is his contention that due to serious illness he was admitted in hospital, thus unable to appear before the trial Court, who did not consider the same.
3. ' The perusal of record reveals that the applicant has prayed for grant of pre-arrest bail in his favour, whereupon through order made on 24-12-2009 protective bail was granted in favour of the applicant, while he was directed to appear before trial Court. But thereafter, through order made on 29-12-2009 of this court the request of the applicant was allowed and the order of protective bail was recalled, while ad-interim bail was granted in his favour. Presently the applicant seeks confirmation of the bail granted in his favour. As per record an F.I.R. No,2 of 2009 Police Station Aziz Balo Shaheed was registered on 10-1-2009, whereby it has been reported by one Murad Bakhsh about an incident when the accused persons namely Hazoor Bakhsh, Sooba Khan, Daim, Arz Muhammad Dr. Allah Dina, Ghulam Muhammad, Shah Mir, Sattar, Beera, Hamal Khan, Kali Nawaz, Ghulam Qadir with three unknown persons were ambushed in armed position in their way, on seeing the complainant party they started firing on them, thereby injured Sharan, Haji Khan and Tota Khan. The case was thereafter challaned against accused persons namely Hamal Khan, Ali Nawaz, Ghulam Qadir, Arz Muhammad, Shah Meer, Beera. During course of trial accused Hamal Khan, Ali Nawaz, Ghulam Qadir and Arz Muhammad were acquitted of the charge while accepting their application under section 265-K Cr.P.C. Through order made on 29-8-2009 by the trial Court.
4. The present applicant along with remaining accused persons was declared as proclaimed offender. It is further apparent from record that the applicant approached the trial Court for grant of pre-arrest bail, which was granted through order dated 15-12-2009. But the said order was withdrawn due to non-appearance of the applicant through order dated 21-12-2009. Thereafter, the applicant approached this court with prayer for grant of pre-arrest bail in his favour. Though he was granted protective bail, but he avoided to appear before the trial Court, rather insisted for disposal of the application on merits by this court, whereupon ad-interim bail was granted in his favour, the confirmation of which is now matter in issue before this court.
5. The perusal of record reveals that the applicant is specifically nominated in F.I.R., which was lodged on 10-1-2009, whereby six nominated persons were arrested and challaned for trial. While the applicant along with five other nominated persons remained absconder. It has been noted that the applicant remained absconder during this period; he only appeared before the trial Court when four of the accused persons were acquitted of the charge. As per applicant he was unaware of filing of case and trial and when he came to know about the same he approached his counsel with intention to surrender him before the trial Court. It segms to be less believable, as the applicant and the other accused persons who faced trial are residents of same area; therefore, there is less possibility of his unawareness about institution and trial of the case. He has been nominated in F.I.R., while he remained absconder for several months. Further, he avoided to appear before the trial court, rather tried to obtain bail from this court without surrendering himself unconditionally.
6. His conduct is not proper. He cannot take benefit of order of acquittal of co-accused persons. The evidence recorded during course of trial and order made thereon cannot be considered at this stage in favour of the applicant, who is required to be arrested at first instance, thereafter, he can move the trial Court for grant of bail in his favour. Thus in the circumstances the applicant is not entitled for concession of bail, that too pre-arrest at this stage. Therefore, the ad-interim bail granted in favour of applicant Hazoor Bakhsh son of Pir Bakhsh through order made on 29-12-2009 is hereby withdrawn. He be taken into custody at once.