RASHID AZIZ KHAN, J.- Petitioners Muhammad Iqbal alias Bala, and Gulzar seek bail in a case registered against them with Police Station Mustafabad, District Kausar, for an offence under sections 10/11/7/79 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide FIR dated 5.8.1992. The petitioners were allowed bail but thereafter they absented themselves and did not appear before the court for 2 months. The trial had commenced and statements of 9 witnesses had been recorded when the petitioners absented themselves. Resultantly, the trial could not proceed though a direction had been issued from the High Court to expeditiously dispose of the case. The petitioners appeared after two months with an application stating that they were in- disposed therefore could not appear. The learned trial court dismissed the application.
2. It was contended by learned counsel for the petitioners that the petitioners were not involved in the occurrence and were placed in column No.2 of the challan. Submits that the petitioners were sick and remained under treatment therefore it was not possible for them to appear. The contentions were opposed by learned counsel for the State.
3. I have heard the learned counsel and gone through the file. Learned counsel for the petitioners was asked to state the ailment with which the petitioners were suffering, but he could not give any answer. Learned counsel for the petitioners was given an option to have the case adjourned so that he could produce any medical certificate showing that the petitioners remained sick for 2 months, but it was not acceptable to him. The petitioners have not been able to give any explanation with regard to their absence from the court for 2 months. They have misused the concession of to them; thereby they have disentitle themselves for the grant of bail. The petition fails, which is dismissed.