' The petitioner was declined bail by the learned Sessions Judge, Sialkot vide his order dated 14-4- 1998 in a case registered against him and others under section 302/148/149, P.P.C. Vide F.I.R. No,83 dated 3-8-1996 at Police Station Saddar Daska, District Sialkot for an occurrence in which Muhammad Imtiaz son of Muhammad Nawaz was murdered. At the time of occurrence, the petitioner made firing in the air while his co-accused armed with deadly firearms such as .222 rifles had committed the murder.
2. The bail is prayed on the ground that the petitioner had been declared innocent by the police as he was allegedly not present at the spot during the occurrence and that he had not caused any fire-arm injury to the deceased as admittedly, he had fired in the air.
3. Learned counsel for the state has, however, opposed the bail application on the ground that the police had declared the petitioner innocent on the basis of statement of two witnesses appearing in defence on 28-9-1997 i.e, after about one year and three months of the occurrence; that the petitioner remained absconder for about 1-1/2 year after the occurrence and was ultimately arrested on 22-9-1997 and that his co-accused are still at large having been declared absconders.
4. I have considered the foregoing submissions and find that there are four eye-witnesses linking the petitioner with the occurrence. Hence, plea of alibi at this stage, nor the opinion of the Police on that point, is very relevant particularly when the petitioner remained at large having absconded for about 1-1/2 year after the occurrence. The Police opinion is based on statements of two A witnesses examined in defence after more than one year and three months of the occurrence. Keeping in view the statements of eye-witnesses, linking the petitioner with the occurrence, it will not be possible to come to a conclusion at this stage that the vicarious liability of the petitioner was distinguishable from his co-accused who are still absconders. The petitioner has no case for bail at this stage.
5. The petition is accordingly dismissed.