1990 PLP 1522 (MLD)

1989 P Cr. L J 2152 rel. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.498‑‑‑Penal Code (XLV of 1860), Ss. 365, 452, 307, 148 & 149‑‑‑Bail‑‑ Accused by scaling over the wall kindnapped wife of prosecution witness by causing injuries to complainant and prosecution witness with fire‑arms hitting them on vital parts of body like stomach and head‑‑‑Act of accused appeared to be one of high‑handedness ‑‑‑Accused were thus not entitled to any concession from Court‑‑‑Bail application was accordingly dismissed. Shaikh Amanullah for Applicants.

1. Granted.

2. Granted.

3. This bail application has been filed on behalf of the present applicants who arc involved in case registered with police station City `C' Division Rahimyarkhan as Crime No. 15/1990 under sections 365, 452, 307, 148, 149 P.P.C. The prosecution case briefly is that on the date of occurrence when the complainant Bashir Ahmed and his relations Hanif and Muhammad Rafiq were sitting in their house when suddenly five persons, namely, present applicants Abdul Rehman, Liaquat Ali, Abdul Majid, Abdul Hameed and one unidentified person came. Of the said persons Abdul Rehman, Liaquat Ali and Abdul Hameed were armed with revolvers while Abdul Majid was armed with a double barrel gun. The said persons are said to have entered the house by scaling over the wall and applicant Abdul Majeed and the unidentified persons a e said to, have caught hold of Mst. Rashidan whom they had taken out in the street and on intervention by the complainant party applicant Liaquat ‑Ali fired from his revolver hitting the complainant in the stomach while applicant Abdul Rehman fired on PW Muhammad Rafique which hit him on his head and arms. The applicant Abdul Hameed is alleged to have prevented Hanif the husband of the abductee from intervening by threatening him with the revolver. The complainant party raised cries which attracted other PWs and the accused issuing threats took away the said Mst. Rashidan in red coloured Suzuki car. I have heard Mr. Amanullah Shaikh, the learned counsel for the applicants. He submitted that this Court has the jurisdiction to grant protective bail even though the offence is committed in another Province. He has placed reliance on the case‑law reported in 1989 P Cr. L J 2152. There is no cavil about the said proposition of law. In a recent case of Rahim Bux Jamali v. State also the Hon'ble Lahore High Court has been pleased to grant protective bail. The question in the present case would, however, be whether on the face of the contents of the FIR the present applicants would be entitled to bail and whether there are sufficient grounds for exercising the discretion in their favour. The contents of the FIR show that the accused party by means of scaling over the wall kidnapped the wife of PW Hanif by causing injuries to the complainant and PW Muhammad Rafiq with fire‑arms hitting them in stomach and head, the vital parts of body. This act of the accused party on the very face of it appears to be one of high‑handedness and in these circumstances I am of the view that they are not entitled to any concession from the Court. The bail application is accordingly dismissed. N.H.Q./A‑813/K Bail application dismissed.