1993 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 497(2) & (1), Proviso III (a)

Penal Code (XLV of 1860), S.364/302/34

Bail, grant of

Police had not been able to collect incriminating evidence against accused for the murder of the abductee who at the worst could be linked up with the offence of abduction for which they were entitled to bail on statutory ground being behind the bars for a period of over one and a half years

Challan had also not yet been submitted in Court-- Accused otherwise had clean antecedents

Accused were admitted to bail in Malik Noor Muhammad Awan for Petitioners. Maqsood Ahmad Khan for the State. Date of hearing: 15th September, 1992. Ghulam Saghir and Feroze petitioners have moved this Court for bail under section 497, Cr.P.C. after having been refused the same from the Court of Additional Sessions Judge, Mianwali, vide its order dated the 4th of July, 1992. The allegation against the petitioners was that they -alongwith their accomplices Bashir and Muhammad Saeed armed with rifles had forcibly abducted Muhammad Hayat in presence of the complainant Ramzan and his brothers Hayat and Umar Hayat. The abductee was not traceable. Thereafter, the case under sections 364, 302/34, P.P.C: was also registered against the petitioners and others. During investigation, one of the Investigating Officers had opined the petitioners to be innocent on the basis whereof the bail was allowed by the Senior Civil Judge exercising powers under section 30, Cr.P.C. Subsequently, however, it was cancelled by the learned Additional Sessions Judge, Mianwali on the 4th of May, 1991, and the order remained intact even in the High Court on the 27th of July, 1991.

2. There is substance in the contention of the learned counsel for the petitioners that the police has not been able to collect incriminating evidence against the petitioners for the murder of the abductee. The allegation that the petitioner and others must have murdered the abductce cannot be rated better than a conjecture and surmise. At the; worst the petitioners can be linked up, with the offence of abduction and' for that they are entitled to bail on statutory ground as they are behind the bars for the period of over one and a half years. The challan has not yet been submitted probably because co-accused of accused are absconding who according to them are the real culprits. The petitioners have otherwise clean antecedents. In the circumstances I would like to admit the petitioners to bail under section 497(2) and subsection (1), Proviso III (a), Cr.P.C. subject to their furnishing bonds in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Mianwali. N.H.Q./G-106/L Bail allowed.