1994 PLP 660 (SCMR)

WALI MUHAMMAD KHAN, J: ‑‑Haji Akbar Khan, complainant/appellant herein, through leave of the Court, calls in question the judgment dated 16‑1‑1993 passed by a learned Single Judge of the Peshawar High Court, whereby Abdullah Khan, Gul Munar, Mohibullah and Zafar Khan accused/respondents were released on bail on furnishing of bail bonds in the sum of Rs.50,000 with two sureties in the like amount in case F.I.R. No. 227 dated 13‑11‑1992 under section 17 (3), Harraba and under section 342/347, P.P.C., Police Station Terri, Tehsil and District Karak. The facts of the case, briefly stated, are that Haji Akbar Khan complainant was sitting in his truck loaded with Dandasa, bound for Karachi which was being driven by Abdul Jabar accompanied by Cleaner Attaullah sitting with him in the front seat, and when they reached near Terri they saw Pickup No. BUB‑4985 of the red colour from which the four accused whom the complainant previously knew, got down and Gul Munar accused/respondent standing in the middle of the road drew out pistol and aiming the same at the complainant party directed them to stop. Gul Munar caught hold of the complainant from his collar and his other companions caught hold of the driver and cleaner and dragged them down from the truck and forcibly put them in the Pickup. Gul Munar sat in the driver's seat of the truck and started towards Bannu side. The complainant took shelter in the nearby bushes and after the departure of the accused/respondents came to the Police Post when en route he met the police party and reported the occurrence to him. The motive disclosed was that Dandasa loaded truck of Gul Munar accused had been apprehended and he suspected the complainant for the spy information to the police. The police party started chase of the truck and the Pickup wherein the driver and the cleaner had been kidnapped and were able to apprehend them at some distance while Gul Munar accused/respondent was still driving the truck while the kidnapped driver and cleaner, namely, Abdul Jabbar and Attaullah were in the Pickup in the custody of other accused/respondents. Certain recoveries were also made from the truck. They were arrested and the truck and the Pickup taken into possession. The accused/respondents applied for bail to the Ilaqa Magistrate which was declined to them vide order dated 22‑11‑1992 and their application for bail before the Sessions Judge was also rejected vide order dated 10‑12‑1992, but they succeeded in securing bail from the High Court vide the impugned order. Hence the instant appeal through leave of the Court by the complainant. We have heard Mr. Jehanzeb Rahim, Advocate, for the appellant; Mian Shakirullah Jan Addl. Advocate‑General, N: W.F.P., for the State; none for the accused/respondents; and have perused the record of the case. The learned counsel for the appellant vehemently argued that the accused/respondents were directly charged in the promptly lodged F.I.R. and they were apprehended red‑handed alongwith the truck loaded with Dandasa of which the complainant had been forcibly deprived, and the kidnapees namely; Abdul Jabbar Driver and Attaulllah Cleaner. The kidnapees Lave supported the version of the complainant in their statement under section 161, Cr.P.C. The allegations contained in the F.I.R. duly corroborated by the kidnapees and the police officials who apparently have no enmity or grudge against the accused/respondents constitute offences of serious nature and disentitle the accused/respondents to the concession of bail. The grounds which prevailed with the learned Single Judge of the High Court for release of the accused/respondents on bail could not justifiably warrant a conclusion that there are reasonable grounds to believer that the accused/respondents have not committed the offence with which they were charged or that it was a case of further inquiry. Resultantly, we accept this appeal, set aside the impugned judgment of the High Court and order that the accused/respondents 1 to 4 be taken into custody forthwith through issuance of non‑bailable warrants of arrest against them. N.H.Q./A‑1074/S Bail cancelled.