1989 P Cr (PLP)

Muhammad Ismail Chaudhry for Petitioners. Awais Nasim for the State. The petitioners have been arrested in case F.I.R. No. 59, dated ' 7‑10‑1988, Police Station Chakrala, District Mianwali, registered under section 307/364/148/149, P.P.C., read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.

2. According to F.I.R. 45 persons armed with fire‑arms had besieged the house of Nawabzadgan of Kalabagh near Railway Station Massan and had stolen away grocer's shop material and a huge quantity of food-grain and had also abducted their servants, 12 in number. Twenty persons were named in the F.I.R. and about the rest of twenty‑five it was stated that their names shall be given after the complainant comes to know of that. However, on the same day, supplementary statement of the complainant was recorded wherein thirty‑two persons were named. The petitioners are not out of the twenty persons initially named in the! F.I.R. Their names appear in the supplementary statement. It is worth noting here that the twelve servants alleged to have been abducted, were neither named in the F.I.R. nor have been named in the supplementary statement. All the twelve persons said to have been abducted have, according to the A.S.I., returned back. They had not been recovered specifically from any of the accused name in the F.I.R. or in the supplementary statement. Nine persons named alongwith the petitioners in the supplementary statement, have been released on bail by the learned Additional Sessions Judge. Nothing was recovered from them. Khan Mast petitioner was arrested on 19‑10‑1988, Nawab petitioner was arrested on 21‑10‑1988 while Abdul Qaddus petitioner was arrested on 20‑10‑1988. The efforts made by the police to arrest the remaining, accused have not borne fruit. Only distinction on the basis of which learned Additional Sessions Judge granted bail to nine co‑accused of the petitioners, is, that their names have been mentioned only, in the supplementary statement but in the case of the petitioners complete addresses have also been given. This distinction, in my view, was not enough to by‑pass the rule of consistency. The petitioners according to their counsel are labourers and have been roped in for political reasons. Their petition for bail, in the circumstances, is also allowed following the rule of consistency. They shall be released on their furnishing bail bonds in the sum of Rs. fifty thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali/Ilaqa Magistrate. SA./ K‑139/L. Bail granted.