' SHAFIUR RAHMAN, J.---The petitioner charged alongwith others of offence under section 302, P.P.C.
Seeks leave to appeal against the order of the Lahore High Court dated 24-5-1993 whereby the bail granted to him by the Additional Sessions Judge was cancelled.
2. Mr. RA. Awan, Advocate, the learned counsel for the petitioner has contended that effective firing was not attributed to him and that the High Court was in error in taking him to be an absconder.
3. The reasons which prevailed with the High Court in cancelling the bail were the following two:-- "(i) It appears that learned A.S.J. Did not apply his mind and failed to take into account, that it was Muhammad Hussain alias Muhammada (respondent) who had grievance and motive for commission of the occurrence.
' Yet another aspect, which learned A.S.J. Conveniently had foregone, was that Muhammad Hussain alias Muhammada (respondent) had been declared absconder prior to his arrest. He was arrested after having been declared absconder."
4. The learned counsel contended that there was no evidence or material to show that any proclamation had issued and the petitioner had in fact become absconder.
5. The fact that the petitioner did not surrender though his close associates were charged for the crime alongwith him and he was in the know of the allegations against him, justified the High Court, without technical satisfaction of the requirements of a proclamation, to consider him a proclaimed offender for the purposes of and in the matter of bail. The discretion exercised by the High Court does not call for our interference. Hence, leave to appeal is refused.