1988 P Cr (PLP)

Kh. Arshad Mubeen Anwari for Petitioner. Rizwan Amjad for the State. Date of hearing: 20th May, 1987. This is a petition under section 497/498, Cr.P.C. by Tariq Ali Khan alias Boota, petitioner, for bail in respect of a case instituted against him and two others under section 364, P.P.C. at Police Station Mochi Gate, Lahore, on 13‑10‑1984.

2. F.I.R. was lodged by Mst. Jannat Bibi, complainant, on 2‑9‑1984 regarding disappearance of her son Ch. Muhammad Sharif. According to the F.I.R. Ch. Muhammad Sharif had developed friendship with Mst. Zahida Khan, co‑accused, the wife of Tariq Ali Khan, petitioner, during his stay in Canada from 1976 to 1984. According to the complainant he had also come to learn that both of them had developed some sort of immoral relations. She further stated that Mst. Zahida Khan, co‑accused, had taken a loan of $ 5,000 in Canada, which she had remitted to her husband in Pakistan i.e. the petitioner. She further stated that Mst. Zahida Khan co‑accused, returned to Pakistan, followed by her son Ch. Muhammad Sharif. Thereafter, Tariq Ali, petitioner, his wife Mst. Zahida Khan, co‑accused, and an unknown person kept on visiting her house on two or three occasions during which period they used to meet and talk with her son Ch. Muhammad Sharif and take tea with him. She also stated that on 2‑9‑1984, the same three persons took away her son Ch. Muhammad Sharif, promising that he would return on 3‑9‑1984. Next day when he did not return, she made enquiries from the accused and was informed that her son would remain with them for a week and would come back later. After waiting for two weeks, when she found that her son had not returned, she suspected foul play and thus lodged the F.I.R. in question.

3. I summoned the Investigating Officer for 19‑5‑1987, who brought with him the police diary on the said date. I requested Mr. Rizwan Amjad, Advocate, whose name is borne on the State Panel, to go through the Ziminis and assist this Court today. Both the learned counsel have argued the case. In these circumstances, this petition is admitted and shall be disposed of as a notice case.

4. The learned counsel for the State confirms that apart from the evidence of Mst. Jannat Bibi, complainant, and Ch. Muhammad Rafiq P.W. who state that Tariq Ali Khan, petitioner, and Mst. Zahida Khan and Basharat, co‑accused, took away her son Ch. Muhammad Sharif at about 3 a.m. on 2‑9‑1984, there is no other evidence with, the police to implicate Tariq Ali, petitioner. It is true that earlier the petitioner had absconded and was arrested in June, 1986, but it seems that from this date, no substantial progress has been made in the case. In these circumstances, the petitioner is entitled to be released on bail.

5. For the foregoing reasons, the petition is accepted and Tariq Ali Khan, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees fifty thousand (Rs.50,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner City/Duty Magistrate, Lahore. S.A./T‑27/L Bail granted.