SAJJAD AHMAD SIPRA, J.- The petitioner is one of the accused in a case registered vide FIR No. 49 dated 19.6.89, under Sections 302/307/34 PPC at Police-Station Okara Cantt.
2. The learned counsel argued for the bail of the petitioner while conceding that he had been absconder for over four years and was arrested only after the acquittal of his co-accused in the instant case. To support his case, submitted that' the complainant as well as eye-witnesses including injured witnesses exonerated all the accused including the present petitioner in their statements before the learned Court during the trial of the acquitted co-accused of the present petitioner. Further submitted that PWs Siraj Din and Ashiq submitted their affidavits, annexed hereto, to that effect as well. Further submitted that the complainant and the injured PWs in the instant case had recorded their statements under Section 164 Cr. P.C. Before the Magistrate 1st Class, Okara, on 11.12.1990 stating that the accused in the instant case including the petitioner was innocent. Further argued that there is no incriminating evidence against the petitioner and even as such his case is of further inquiry. To support his contentions, placed reliance upon 1991 S.C.M.R. 322, PLD 1992 Peshawar 125, 1989 P.Cr.L.J. 244 and NLR 1987 Criminal Cases 262.
3. However, taking into consideration that the petitioner was absconding for over four years and further taking into consideration that it has been stated in the present petition on his behalf that he had absconded fearing to have been wrongly involved in the instant case, the present petition for bail is hereby dismissed.