1989 PLP 850 (MLD)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.365 & 148/149‑‑Bail, grant of‑‑Accused abducting complainant while armed with lethal weapons, threatening to kill him‑ Weapons neither used nor attempted to be used‑‑Only simple injuries caused to complainant‑‑Investigation complete‑‑Accused not required for investigation purposes‑‑Bail allowed in circumstances. Sardar Mohabbat Ali Dogar for Petitioners. Akhtar Shabbir, Addl. A.‑G. and Abdus Samad Hashmi for the State. A case under section 365/148/149, P.P.C. stands registered against the petitioners and two others, with Police Station Mustafabad, District Kasur. According to the allegations contained in the F.I.R. lodged by one Inayat Ali on 2‑12‑1988, the first informant was present in his house when Arshad co accused of the petitioners called and told him that one Master Muhammad Rafiq had sent for him. The complainant accompanied said Arshad. While on their way when they reached near the Dera of one Saeed the petitioners and their co accused came and tied his mouth and took him in a nearby graveyard. All the accused were alleged to have armed with lethal weapons. The petitioners are alleged to have raised Lalkara that Inayat Ali be taught a lesson for helping one Kamal Din Salarpuri in election, therefore, he be done to death. The petitioners are also alleged to have been given beating to the first informant. The commotion attracted the people of the village, therefore, the petitioners ran away. It is contended by learned counsel for, the petitioners that the case has been got registered with a delay of 24 hours. Submits that the allegation against the petitioners that they wanted to kill the first informant but ran away when the witnesses came is false on the face of it. Submits that 8 simple injuries were found on the person of the first informant. The contentions have been opposed by the learned Additional Advocate‑General as well as learned counsel for the complainant.

2. I have heard learned counsel and perused the file. The petitioners are alleged to have been armed with lethal weapons yet none of them neither used nor attempted to use them. If the intention of the petitioners was to do away with the first informant then they could have done so with their weapons instead of giving him simple injuries. I am informed that the investigation of the case is complete and the petitioners are not required for that purpose any more. In these circumstances, I allow bail to the petitioners provided they furnish security in the sum of Rs. 20,000 each, with two sureties, each in the like amount, to the satisfaction of assistant Commissioner/Duty Magistrate, Kasur. S.A./K-152/L Bail allowed.