2023 PLP 39 (YLRN)

GHULAM AZAM QAMBRANI, J.

Through this petition, the petitioner namely (Anas Khan) seeks grant of post arrest bail in case FIR No.387/2020, dated 08.09.2020, under section 365/34, P.P.C., registered at Police Station Karachi Company, Islamabad.

2. Briefly, the prosecution case is that on 08.09.2020 FIR No. 387/2020 was registered on the written application of complainant Iqraz Hussain with Police Station Karachi Company with the allegation that since the last October, his son namely Zulqarnain aged about twenty five years was missing, they tried level best in search of his son, but all in vain. However, few days back he came to know that the alleged abductee went to Bahria Town in the company of a woman namely Zeba, one Anas and another person known as "Colonel". It has been alleged that the above named persons have abducted his son. After registration of the FIR, investigation was carried out. Petitioner was arrested, interrogated and sent to jail.

3. The petitioner filed applications for grant of bail to the learned Trial Court as well as Court of learned ASJ, Islamabad which were dismissed.

4. Learned counsel for the petitioner submits that there is delay of one year in registration of FIR; that the source of information has not been mentioned by the complainant that the abductee was seen last time with the accused persons; that there is no evidence on record to connect the petitioner with the commission of the alleged offence; that the lady accused namely Zeba has already been granted bail; that the person known as "Colonel" is still absconder; that on the basis of suspicion petitioner has been involved in the case; that during the investigation nothing has come on record against the petitioner; that the case of petitioner falls within the ambit of further inquiry. Further contended that the complainant sworn an affidavit that he being fully satisfied with regard to innocence of the petitioner and prayed for grant of bail to the petitioner.

5. Learned State Counsel while taking part in the arguments submitted that the mobile phone of the abductee was being used till March, 2020 by the petitioner, however there is no evidence on the record to connect him with the alleged crime.

6. Learned counsel for the complainant along with complainant has appeared and placed on record a copy of affidavit that they have no objection if the petitioner is granted bail.

7. I have heard the arguments of learned counsel for the parties and have perused the material available on record with their able assistance.

8. Perusal of the record reveals that the FIR has been registered after unexplained delay of one year, wherein the time of occurrence has also not been mentioned. Admittedly, the source of information has not been mentioned that the alleged abductee went to Bahria Town along with the nominated accused persons. During the investigation, the abductee was not recovered and no any evidence has been brought on record to connect the petitioner with the commission of the alleged offence.

9. In the above circumstances, I am of the view that the case of petitioner is one of further inquiry in terms of section 497, Cr.P.C. Though initially, petitioner was nominated in the FIR by the complainant as an accused, but today, he has filed an affidavit wherein he has stated that he has no objection if the petitioner is granted bail or he is acquitted from the charge. In this regard, reliance has been placed upon case reported as "Muhammad Najeeb v. The State" [2009 SCMR 448]. Investigation has already been completed. Challan has been submitted before the learned Trial Court. The person of petitioner is no more required to the prosecution for further probe. The only allegation against the petitioner is that he was in use of mobile set of the alleged abductee. The guilt of the petitioner is yet to be determined by the learned Trial Court after recording of prosecution evidence. The petitioner is behind the bars since his arrest and no one can be kept behind the bars for an indefinite period.

10. In these circumstances, this petition is allowed and the petitioner is granted bail after arrest, subject to his furnishing bail bonds, in the sum of Rs.1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.

11. Before parting with this order, it is, however, clarified that the observations made hereinabove are just tentative in nature and the same are strictly confined to the disposal of the instant bail petition. The learned trial Court shall proceed with the trial without being prejudiced from any observation. SA/229/Isl. Bail granted.