' The petitioner who seeks bail from this Court after having failed to obtain the same from the Sessions Judge, Peshawar (Mr. Shahjee Rehman Khan) has remained as an absconder for a period of more than 6 years in case registered, Vide: F.I.R. No, 240, dated 21-3-1993, at Police Station University Town, Peshawar, under section 324/353/ 216-A, P.P.C. Read with sections 13, A.O./3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. Along with 4 other accused who are all absconding till date.
2. I have gone through the contents of the F.I.R. As well as the order of the Sessions Judge. Since the impugned judgment is neither perverse nor arbitrary and the Judge has given valid reasons for his conclusion in his judgment recorded on 25-2-1999, therefore, I would not like to interfere with the same.
3. Besides, on a tentative assessm ent of the available record, it is not at all possible for me to come to the conclusion that reasonable grounds do exist for believing that the petitioner has not committed the offence charged with. Accordingly I hold that the reasons given by the Sessions Judge for the granting bail to the petitioner are quite reasonable/convincing and I do not want to interfere with the discretion exercised by the Sessions Judge, Peshawar judiciously. Reliance can be placed on case Ijaz Ali Khan v. The State 1968 Supreme Court Monthly Review 1168, wherein it was held by the Hon'ble Supreme Court:- "The petitioner who is charged with the offence of murder has been refused bail by the Courts below from which he now seeks leave to appeal.
' On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr.P.C. For refusing bail to the petitioner were amply fulfilled in this case. The petition is dismissed."
4. This petition is without any substance and is dismissed in limine.