AZEEM AND 5 OTHERS Versus THE STATE

ORDER

Through this petition filed under section 497/495, Cr.P.C., the petitioners seek poet-arrest ball in a case F1K. No. 197, dated 8-7-1994 under section 365/452/324/145/149, P.P.C. at the Instance of one Allah Dad son of Abdul Karim, registered with Police Station Saddar, Lodhran, for an occurrence which took place on the same day at about 12-00 noon in the area of Mauza Kotha Dera, District Lodhran.

2. The brief facts of the prosecution case are that Mian Muhammad Shabbir Chishti-, Azim, Khuda Bakhsh armed with guns, Sajid armed with pistol Zahoor son of Allah Yar, and Zahoor son of Allah Jawaya armed with rifles and Muhammad Hanif armed with Sc.1a at about 12-00 noon on 8-7-1994 entered into the house of the complainant and raised Lalkara to the effect that they had come to teach a lesson for the abduction of Muhammad Ramzan and resorted firing in the house of the complainant and his father was forcibly abducted by the abovementioned accused persons. They had inflicted injuries on the person of the father of the complainant and others with their respective weapons. Hue and cry of the complainant party attracted the inhabitants of the locality and on seeing them the assailants ran away.

3. The petition for post-arrest bail of the petitioners was moved in the Court of Magistrate Section 30, Lodhran and the same was dismissed vide order, dated 29-9-1994. The post-arrest bail petition was also moved in the Court of Sessions Judge, Lodhran which was also rejected on 1-11-1994. Hence this petition.

4. The learned counsel for the petitioners vehemently contends that F.I.R. No.196/94, dated 8-7-1994 of an occurrence which took place on the same day at about 1 p.m. at the instance of Faiz Bakhsh was registered under section 365/148/149, P.P.C. regarding the abduction of one Muhammad Ramzan, who was abducted by Khadim Hussain, Muhammad Sharif, Muhammad Akram, Allah Dad and Allah Yar. Zahoor one of the petitioners herein was also injured in that encounter. The accused persons in case F.I.R. No.196/94 were enlarged on bail vide order, dated 24-7-1994 passed by the Magistrate Section 30, Lodhran. A petition for cancellation of bail of the accused persons was moved in the Sessions Court, which was dismissed on 27-11-1994. Further contends that the petitioners have been falsely involved. The two cases of the similar nature one after the other were got registered on the same day. The petitioners were arrested on 11-7-1994 except Zahoor son of Allah Yar, who was arrested on 14-7-1994 and since then they are in jail. Section 365, P.P.C. cannot be made applicable in the circumstances of this case by any stretch of imagination and section 324, P.P.C. is also not applicable. The petitioners are no more required for the purpose of investigation. The case of the petitioners while keeping in juxtaposition with the F.I.R. No.196/94 entitles them for the concession of bail at this stage. .

5. Conversely, the bail petition is vehemently opposed by the learned counsel appearing on behalf of the State on the ground that the petitioners have committed a very heinous offence as an old man was abducted from his house, who was beaten and remained unconscious for about two months in the hospital so the petitioners are not entitled to any concession of bail, at this stage.

6. I have heard the learned counsel for the parties at full length and have also gone through the record very minutely with their able assistance.

7. Admittedly the two F.I.Rs. have been registered by the police in the same police station one for the abduction of Muhammad Ramzan and the other for the abduction of Abdul Karim.

8. Keeping in view the dictums laid down by the superior Courts of this country it is a settled principle of law that neither the law is to be stretched in favour of the prosecution nor the bail can be denied as punishment In addition thereto the prosecution has already confirmed that the petitioners arc no more required by the police for the purpose of investigation and they are being kept in the judicial lock-up for the last about four months.

Sajid, petitioner is thirteen and a half years old and according to the school leaving certificate his date of birth is 12-4-1981 whereas Muhammad Hanif, petitioner, is of fifteen and a half years and his date of birth, according to the school leaving certificate, is 5-4-1979. The case of these two petitioners falls under subsection (2) of section 497, Cr.P.C. Keeping in view the circumstances of both the cases registered at the same police station between the same parties prima facie this is a case of further inquiry. No justiciable purpose shall be served while keeping them in the jail.

9. Without commenting upon the merits of the case so that it may not prejudice the case of either party, in view of what has been discussed above, 1 am inclined to release the petitioners on bail provided they furnish bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Lodhran.

N.H.Q./A-7,76/L Bail granted.