' QALANDAR ALI KHAN, J.---This application has been moved by petitioner, Batoor, for his release on bail in case vide FIR No,98 registered against him in P.S. Chanjal, Battagram, under Sections 302/34, P.P.C. On the report of Gul Pareez, complainant/ respondent No,2, on 09.08.2000, wherein, the accused/petitioner along with co-accused and three sons of the accused/petitioner namely Umar Hayat, Naseeh and Aminullah were charged for firing at mother of the 'complainant namely, Mst.
Babara, while attributing the role of effective firing and causing death of his mother to the accused/petitioner. In the FIR, previous blood feud was mentioned as motive for the offence, besides mentioning names of brother of the complainant, Zarqab and his sister Mino as eye witnesses.
2. The P.M: examination of deceased Mst. Babarra, though, revealed an entry wound on the middle of right buttock and exit wound in the middle of abdomen; but mentioned the cause of death as fire arm injuries to intestine (small and large), liver, stomach, uterus and abdominal vessels resulting in massive external and internal bleeding, shock and instantaneous death. The blood stained earth secured by the 1.0. During spot inspection was sent to the FSL along with blood stained garments of the deceased and the report was received in the affirmative. The accused/petitioner and co-accused went into hiding and were proceeded against under Sections 204 and 87, Cr.P.C.; while co-accused Umar Hayat and Naseeb Ullah were arrested on 23.09.2000, but were released on bail by this Court on 15.12.2000. They, however, subsequently went into hiding and were therefore proceeded against under Section 512, Cr.P.C. Along with the accused/petitioner and co-accused and all the accused were declared P.Os. And perpetual Non-bailable warrants of arrest were issued against them vide order of the learned trial Court/Sessions Jucige, Battagram vide order dated 17.04.2001. After the accused/petitioner was declined bail before arrest, he was arrested on 26.02.2016; and approached this Court for bail when post arrest bail was also declined to him on 07.03.2016; inter alia, on the grounds of being aged about 73/74 years and a cardiac patient, as well as merits of the case making case against the accused/petitioner that of further inquiry.
3. Arguments of learned counsel for the accused/petitioner, learned Assistant Advocate General assisted by learned counsel for complainant/ .Respondent No,2 heard, and record perused.
4. Not only the accused/petitioner is directly charged in the FIR and was also attributed the effective role of Qatl-i-Amd of Mst. Babara, mother of the, complainant, by effectively firing at her; but he also went into hiding after commission of the offence and remained fugitive from law for a considerable long period of 16 years without furnishing any explanation, much less plausible explanation, for such a prolonged absconsion. Moreover, the two sons of the accused/petitioner and co-accused namely Umer Hayat and Naseeb were released on bail on merits by this Court on 15.12.2000, but they subsequently went into hiding and an still at large along with their brother and absconding co-accused, Aminullah.
5. In the bail petition, the age of the accused/petitioner is claimed as 73/74 years but in the card of arrest under Section 62, Cr.P.C. His age has been shown 66/67 years. The medical certificate of a private hospital, ostensibly, issued just before the accused/petitioner applied for pre-arrest bail, shows him suffering from normal diseases of hypertension and cardiac problem, without disclosing any infirmity entitling the accused/petitioner to bail, notwithstanding the fact that the authenticity and credibility of the certificate and the accused/petitioner actually suffering from the maladies are yet to be proved.
6. In any case, notwithstanding contentions of the learned counsel for the accused with regard to the P.M. Report and spot inspection by the I.O., involving deep appreciation of the evidence which is not desirable at the bail stage, the accused/petitioner is not entitled to bail at this stage keeping in view his noticeable long unexplained absconsion, direct charge in the FIR and effective role of committing Qatl-i-Amd of deceased attributed to him as well as other evidence collected against him by the investigating Agency. (2015 SCM R 655, 2007 PCr.LJ 1332 (Lahore), 2000 PCr.LJ 60 (Peshawar), 2014 PCr.LJ 1787 (Peshawar), -1989 PCr.LJ 2044 (Peshawar), 2014 PCr.LJ 1526 (Peshawar), 2014 M LD 437 (Peshawar), 2013 PCr.LJ 1284 (Baluchistan), 2007 YLR 937 (Lahore) and 2014 YLR 2367 (Peshawar)).
7. Consequently, the bail petition is dismissed.
Bail declined.