Fazal Karim, J.--The petitioner, Muhammad Asim Asad, a student of King Edward Medical College, alongwith six others is accused of having abducted Naeem Hussain Bokhari, also a student of King Edward Medical College, at 11.15 a.m on 31-5-1988 in two cars when Naeem Hussain Bokhari, his father Munawar Hussain and two others, named, Khawar Munir and Liaqat A.I, were waiting for some transport. Later on the same day at about 2.00 p.m the dead body of Naeem Hussain Bokhari was recovered from a place near Sheikh Zaid Hospital.
2. The bail application of the petitioner and his co-accused was rejected by the order of the learned trial Judge dated 1-11-1988. The application of some of the co-accused of the petitioner, who are alleged to have conspired to abduct and kill Naeem Hussain Bokhari, deceased, was allowed by the same order of the learned trial Judge.
3. In rejecting the application of the petitioner and his co-accused against whom the allegations are that they had abducted the deceased and then killed him, the learned trial Judge observed that there is direct evidence against-them.
4. It is now stated that the case was investigated by three police officers Mr. Tahir Alam Inspector, Mr. Gul Asghar DSP and Mr. Iftikhar Ahmad D.S.P. And they all have found, on the evidence led before them--- that the petitioner was not present at the time of abduction and had nothing to do with the killing of the deceased but he was a party to the conspiracy to abduct and kill the deceased. It is maintained that as all the accused persons, accused of conspiracy, have been allowed bail, the petitioner too is entitled to bail. It is stated that final challan containing the findings of the abovementioned Investigating Officers has yet to be filed in Court.
5. We, however, find that this ground was not taken before the learned trial Judge and as it was not taken, it was not considered. The proper course for the petitioner, therefore, is to first move the trial Judge for bail on this ground.
6. Learned counsel for the petitioner prays that the petitioner's final year examination is starting tomorrow and a direction for arrangements enabling the petitioner to take the examination should be made. For this purpose also, the petitioner should have approached the trial Judge. The petition is disposed of accordingly.