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Criminal bail Application No. 936 of 1981, decided on 7th December, 1981.

‑‑‑ S. 497 ‑Bail of petitioner accused of offences under Ss. 363, & 342, P. P. C. pressed on grounds (i) there being a delay of 50 hours in lodging F. I. R. without any plausible explanation ; (ii) petitioner involved on account of enmity ; (iii) no evidence at all recorded in trial Court till six months from date of incident Bail allowed.

Abdul Hameed Khan for Applicant.

M. I. Memon, Addl. A.‑G. for the State.

Date of hearing : 7th December, 1981.

Learned counsel for the applicant submitted, that earlier bail application of the present applicant was rejected on 2nd July, 1981 but till today no evidence at all has been recorded in the trial Court and consequently applicant moved the bail application before the trial Court and on its rejection, before the Sessions Court and since even the Sessions Court rejected the application of the applicant, he has filed this second bail application in this Court. According to the learned counsel for the applicant, there was a delay of nearly 50 hours in lodging F. I. R. and furthermore it is not the case of the prosecution, that the girl was actually kidnapped or taken away, but the prosecution case, is that the applicant could not manage to take away the girl when people collected and he ran away and, therefore, counsel submitted that this is a fit case for grant of bail, as the applicant has been involved on account of enmity between applicant's father and other neighbours.

Learned Additional Advocate‑General appearing on behalf of the State does not oppose the above bail application, specially as the applicant has remained in custody for over six months and till today not a single prosecu tion witness has been examined.

I have carefully considered the above submissions made by the learned counsel for the applicant and I find that there was a delay of nearly 50 hours in lodging F. I. R., for which no plausible explanation has beet given by the prosecution and furthermore prosecution has failed to examine a single witness till today, although the incident is alleged to be dated 4th June, 1981. The applicant also alleges enmity between his father and the neighbours of locality and due to this false implication in this case. In view of all these facts, I consider this is a fit case for grant of bail to the applicant and accordingly I allow the above application and direct that the applicant be released on bail on his furnishing surety in the sum of Rs. 10,000 (Ten thousand) with P. R. bond in the like amount, to the, satisfaction of the trial Court.

Bail granted.

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