1. ' Muhammad Hanif and Saud-ur-Rehman the petitioners have sought post arrest bail in case F.I.R No, 244 dated 09.05.2013 registered at Police Station Haji Pura, District Sialkot for offences under Sections 397, 412, PPC.
2. 2.The allegations against the petitioners are that of committing dacoity with attempt to cause grievous hurt.
3. 3.After hearing the learned counsel for the parties and pekusing the record, it was noticed that the occurrence took place at 2.50 p.m. on 09.05.2013 and the matter was reported with promptitude at 3.55 p.m. Though the petitioners were not nominated in the F.I.R but they were nominated by the complainant in his supplementary statement recorded on the same day. The witnesses supported the complainant's version in their statements recorded under Section 161, Cr.P.C. The petitioners were proceeded against under Section 87 Cr.P.C. and being fugitive from law have lost some of their normal rights in particular, the right of audience. A similar question came up under consideration before their lordships in case of "Awal Gul v. Zawar Khan and others" reported as (PLD 1985 SC 402). I cannot do better than quoting the relevant observations appearing at page 405 which reads as under: that a fugitive from law and Courts loses some of the normal rights granted by the procedural as also substantive law. It is also a well-established proposition that unexplained noticeable absconsion disentitles a period to the concession of bail notwithstanding the merits of the case-- the principle being that the accused by his conduct thwarts the investigation qua him in which valuable evidence (like recoveries etc.) is simply lost or is made impossible to be collected (by his conduct). He cannot then seek a reward for such a conduct (in becoming fugitive from law).
4. 4.The petitioners are also involved in cases of similar nature. The recoveries have been effected from them during the course of investigation. There was sufficient incriminating material to connect the petitioners with the titled occurrence, thus, I am not inclined to exercise my discretion in their favour.
5. 5.For the foregoing reasons, there is no merit in this petition which is hereby dismissed.