MUHAMMAD ARSHAD AND ANOTHER Versus THE STATE

ORDER

This is an application for grant of bail to Muhammad Arshad and Muhammad Ashfaq petitioners in case under sections 365/364-A, P.P.C. registered at P.S. Nawan Kot, vide F.I.R. No. 307/87, dated 25-4-1987.

2. The prosecution case is that 16 days before the registration of the case, Shahbaz aged 5 years son of Meraj Din complainant went out of his house to play but did not return. On this Meraj Din lodged report under section 365, P.P.C. Since the boy could not be traced out therefore, section 365, P.P.C. was converted into section 364-A , P. P. C . The police then arrested the petitioners in the case on 27-6-1987.

3. Learned counsel for the petitioners submits that the dead body of the boy has not been recovered; that there is no incriminating evidence against the petitioners except the last seen evidence given by Nazir P.W. before the police on 9-7-1987 i.e. 2 months after the F.I.R. Conversely, the learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. The Investigating Officer is present in the Court. He states that the police has not been able to collect any direct evidence of abduction or murder of Shahbaz by the petitioner; that the police recorded statement of Nazir Ahmad after 2 months of the occurrence wherein he stated that he had seen the deceased with the petitioners. Learned counsel for the State has frankly conceded that there is no other incriminating evidence against the petitioner. The dead body of Shahbaz has not been recovered and as such, there is no judicial certainty of his murder. The name of the petitioner is also not mentioned in the F.I.R.

For what has been said above I feel that a case for grant of bail to the petitioners has been made out. They are, therefore, allowed bail in the sum of Rs.30,000 with one surety each in the like amount to the satisfaction of Deputy Registrar (J) of this Court.

S.G.D./M-433/L Bail allowed.