2022 P Cr (PLP)

The Petitioners namely Muhammad Zubair Waseem (Criminal Miscellaneous No.47481-B of 2021) and Muhammad Qasim (Criminal Miscelleneous No.46985-B of 2021) seek their post-arrest bail in case FIR No.563, dated 12.05.2021, registered with Police Station City Daska, District Sialkot, under sections 365-A, P.P.C. and 155-C of The Police Order, 2002, being accused of abducting/kidnapping complainant's brother Abdul Saim (aged about 24-years) and demanding ransom amount of Rs.300,000/-. This single order shall dispose of both the above-captioned petitions as the same have arisen out of same FIR.

2. Hon'ble Supreme Court in a latest judgment reported as "Jahanzeb and others v. State through A.G. Khyber Pakhtunkhwa Peshawar and another" (2021 SCMR 63) expressed its view for considering the case of 'further inquiry' in a case where there exists reasonable possibility of other view about the guilt based on material available on record. Relevant portion of the said dictum is as follows:- "Intent of the legislature in section 497(2), Cr.P.C. disclosing pre-condition to establish "guilt" against whom accusation was levelled had to be established on the basis of reasonable grounds, however, if there existed any possibility to have a second view of the material available on the record then the accused was entitled for the relief of bail in the spirit of section 497(2), Cr.P.C."

3. We have examined the case in the light of guideline given in the above-noted case-law and it is confronted to the learned Deputy Prosecutor General as well as learned counsel for the respondent-complainant but they remained unable to rebut the following contradictions in the statements of abductee and complainant which are as under: (a) Place of abduction of the abductee (his own house) in the FIR as stated by his real brother (complainant) is 'Daska' whereas the statements under sections 161 and 164, Cr.P.C. got recorded by the alleged abductee after seven days of FIR describe his residence at Wapda Town Gujranwala. (b) The abductee alleged in his statement under section 164, Cr.P.C. that accused drew Rs.85000/- from his account through ATM but no material has been collected by the investigating officer in this regard as he admitted before the Court. Besides even details of alleged withdrawal are not available that where from it was drawn etc. (c) He alleged that subsequently he was shifted to his owned car whereas neither he handed over the key of the car to the alleged accused nor he could confirm this fact as his face was allegedly covered. (d) The complainant, as per contents of FIR, attended mobile call for ransom amount from the cell number of abductee (his brother) by the accused persons whereas the alleged abductee's statement reflects that the accused persons never talked directly to his brother. These material changes in stance create doubt and give rise to a question whether it was a free movement or otherwise. Said doubt arising from different statements of two main PWs being a relevant circumstance brings the case of the petitioners within purview of further inquiry.

4. Another aspect of the case is that the petitioners' co-accused namely Shaheer Aman and Maqsood Shakeel, also nominated in the FIR with role identical to the present petitioners and also described by the abductee in his statement under section 164, Cr.P.C., have been allowed pre-arrest bail by the learned trial Court on 18.06.2021, which being unchallenged, is still in the field. This being so, the present petitioners also deserve for the same relief as envisaged under section 497(2), Cr.P.C.

5. Petitioners are behind the bars since their arrest and no more required for further investigation. Trial is also not in sight. To keep the petitioners in Jail for an indefinite period would not serve any useful purpose. Hence, these petitions are accepted and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court. However, the observations made hereinabove are tentative in nature and will not prejudice the trial of any party. SA/M-164/L Bail granted.