' ANWAR ZAHEER JAMALI, J.-All the five petitioners herein are nominated accused in crime No. 1, dated 1.1.2012, Police Station Phalia, District Mandi Bahauddin, wherein they have been charged with the allegations of committing murder of two persons Parvez Iqbal, Advocate and Asadullah Khan.
Petitioners Nos. 1 and 3 have been attributed the role of instigation and connivance, while the remaining three have been attributed active role of firing at the two deceased. After investigation, petitioners have been sent up for trial before the Court of Additional Sessions Judge, Phalia, where, on 26.3.2012 they have been accordingly charged for commission-of such heinous crime. On 49.4.2012, petitioners had moved criminal miscellaneous No. 118-T of 2012 before Lahore High Court, Lahore, seeking transfer of the Sessions Case from the Court of Additional Sessions Judge Phalia to any other District of Punjab, and for this purpose raised die plea that as one of the victims of the crime was senior member of the Bar, who had close contacts and relationship with other senior members of the Bar, therefore, they are unable to avail the services of any senior lawyer from that District.
2. After calling for the comments from the Trial Court, which were received on 7.5.2012, learned Single Judge in Chambers of the Lahore High Court, vide his order dated 27.6.2012 dismissed the said transfer application with the following observations:- "5. The report and parawise comments were called for fr6m the concerned Addl. Sessions Judge, Phalia. The perusal Whereof reveals that the PWs are attending the Court since framing of charge but accused have failed to engage their counsel inspite of direction of learned Trial Court.
Admittedly the Pervaiz Iqbal deceased was one of the member of the local Bar and he had relations with other Advocates. But it cannot be said that the members of bar can cause any influence upon the Trial Court Learned Presiding Officer has written in his report that he would decide the case on merits without any fear or favour to either of the parties.".
3. We have .Heard Syed Zulfiqar Abbas Naqvi, learned ASC for the petitioners and perused the material placed on record, which reveals that after framing of charge before the Trial Court prosecution witnesses have attended the Court but due to failure of the petitioners to engage their counsel, the case was adjourned by the Trial Court with directions to the petitioners to engage their counsel or in case of their failure, they would be provided counsel on State expense. Before the High Court, the petitioners have not disclosed the name of any senior counsel which they wanted to engage from District Mandi Bahauddin and who refused to accept their brief. In any case, mere apprehension of the petitioners that due to allegations of murder of senior member of the Bar at Mandi Bahauddin against them no counsel at that place shall accept their brief or that they will not be able to get fair trial within the jurisdiction Of District Mandi Bahauddin are of no avail. The High Court has taken right view in dismissing the transfer application of the petitioners vide its impugned order, which is unexceptionable and calls for no interference.
4. Accordingly, this criminal petition for leave To appeal is dismissed, and leave is refused. /High Court Upheld.