2016 P Cr (PLP)

QAISER RASHID KHAN, J.

The accused-petitioner, Abdul Sattar, seeks bail in case FIR No. 178, dated 02.04.2016, registered under section 17(3), Haraaba (Enforcement of Hudood) Ordinance, 1979 read with sections 365/511/337-A(i), P.P.C., Police Station Abdul Hameed Shaheed, Shabqadar, after being declined the said relief by the learned court below.

2. The allegations against the accused/petitioner are that he along with his other co-accused came to the shop of the complainant, gave him beating and at gun point forcibly snatched cash amount of rupees one million and also attempted to abduct him, hence the case FIR, ibid.

3. Arguments heard and available record perused.

4. As is evident from the record, initially the complainant reported about the incident vide DD No. 22 dated 27.03.2016 and charged the accused/petitioner along with his seven unknown co-accused to have come over to his shop, thrashed him with which he was injured at the back of his neck and during the scuffle, rupees one million fell from his pocket which went missing. However, on 01.04.2016 i.e. on the 5th day of such report, the complainant came up with an improved statement under section 164, Cr.P.C. and charged the accused/petitioner along with co-accused for snatching the cash of rupees one million from him on gun point and also for their attempt to abduct him in motorcar No.NF-291 Islamabad. Even in the site plan, prepared at the instance of the complainant on 27.03.2016, though position have been assigned to the accused/petitioner and his co-accused but nothing has been mentioned regarding the attempt of the accused party vis-a-vis his attempted abduction in the motorcar.

5. The record also shows that both the accused/petitioner and complainant have fallen out during the course of their business relationship and thus the improvement made in the statement under section 164, Cr.P.C. appears to be an over doing and is at variance with his initial report. As such, the mode and manner of the occurrence having taken place on 27.03.2016 at the shop of the complainant leaves much to be desired. Thus, taking a tentative assessment of the available record, the case of the accused-petitioner indeed falls within the purview of further inquiry and he is held entitled to the concession of bail.

6. Resultantly, this bail petition is allowed and the accused/petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- (one hundred thousand) with two local and reliable sureties, each in the like amount, to the satisfaction of the learned trial Court concerned.

7. Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial court where the case be decided strictly on its own merits after recording evidence. HBT/219/P Bail granted.