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Criminal Miscellaneous No 6815/16 of 1970, decided on 9th November 1970.

---- Ss. 497 & 498‑Bail-- No prima facie evidence against petitioner available to show him guilty of an offence punishable with transportation car death‑Bail granted--‑Penal Code (XLV of 1860) S. 364.

M. G. Cheema for Petitioner.

Nobody appears for the State. Sh. Muhammad Usman was expected to appear in this case. He has not turned up. A word was sent to the office of the Advocate‑General. The learned counsel is not present.

2. The petitioner is standing a charge under section 364, P. P. C. It is said that he was last seen in the company of Muhammad Shafi Machchi who has disappeared after that and the allegation is that the petitioner abducted him for the purposes of murder. The learned counsel has placed an uncertified copy of the evidence of Salehi P. W. on this record: His statement shows that the accused and the witness belong to different parties who are mutually antagonistic. The learned counsel submits that even if Salehi is believed no offence under section 364, P. P. C. is made out against the petitioner. The other two witnesses Ahmad and Qasim who have appeared before the learned Magistrate have not, at all, involved the petitioner. It is further submitted by the learned counsel that the petitioner has remained behind the bars for over a year.

2. The evidence of the prosecution as shown from the copies of the statements placed on the record does not prima facie show that the petitioner is guilty of an offence punishable with transportation or death. I, therefore, direct that he should be released on bail in the sum of Rs. 10,000 (rupees ten thousand with two sureties in the sum of Rs. 5,000 each to the satisfaction of the Assistant Commissioner, Jhang.

Petition accepted.

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