' Muhammad lqbal, petitioner, is involved in case F.I.K. No,1113 dated 21-12-1999 Police Station, Prang under sections 302/324/34, P.P.C. He has been refused bail by the learned Courts below.
2. Effective role of firing is attributed to the petitioner in the occurrence reported by Gulzar Ali for the murder of his uncle Masal Khan due to blood feud enmity.
3. The learned counsel for the petitioner argued that co-accused of the petitioner was tried in the case and acquitted by the Court below vide judgment dated 29-8-2002 wherein solitary eye- witnesses of the occurrence was not relied upon. The learned counsel for the complainant and State argued that not only effective role of firing is attributed to the petitioner, but he remained absconder for a long period of about three years and, therefore, the learned Courts below have rightly exercised their discretion by not allowing concession of bail to the petitioner.
4. I find myself in agreement with the arguments of the learned counsel for the complainant and State as the accused remained absconder for about three years during which period trial of the co-accused was completed in absence of the accused and co-accused was acquitted. Therefore, without prejudice to the merits of the case, bail could not be granted to the accused/petitioner at this stage as bonus for his abscondence, as noticeable abscondence of an accused disentitles him to the concession of bail.
5. The bail application is hereby dismissed. However, it may be observed that supplementary challan in the case has already been submitted in the trial Court, therefore, the trial Court is directed to expeditiously conclude the trial in the case preferably within two months, otherwise, the petitioner could move bail application in the trial Court.