MUHAMMAD ISMAIL Versus State

ORDER

SARDAR MUHAMMAD ASLAM, J.--- Petitioner Muhammad Ismail through the instant petition has sought post-arrest bail in case F.I.R. No.42, dated 25-1-2005 under sections 365/368, P.P.C. registered with Police Station, Cantt. Sargodha.

2. Briefly the allegation against the petitioner is that the abductee was recovered from his house.

3. Learned counsel for the petitioner contends that the petitioner is innocent and has falsely been involved in this case; that the petitioner is not named in the F.I.R.; that the allegation of abduction is not attributed to him; that the petitioner is an old man of the age of 70 years; and that he is behind the bars for the last more than 7/8 months.

4. On the other hand, learned counsel for the State opposed the instant petition.

5. I have carefully considered the submission made from both the learned counsel for the parties with the help of available record.

6. The only allegation the petitioner is that the alleged abductee was recovered from the house of the petitioner which was not in exclusive possession of the petitioner. No incriminating evidence is available against him on the record. The case calls for further inquiry into his guilt. He is behind the bars for the last more than 7/8 months and no more required by the police for further investigation.

7. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

H.B.T./M-606/L Bail granted.