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Criminal Miscellaneous No. 943/B of 1984 (BWP), decided on 13th August, 1984.

‑‑‑8. 497‑‑Penal Code (XLV of 1860), Ss. 365, 382‑‑Bail‑‑Accused found innocent by police during investigation‑‑Not only Investigating Officer but also complainant (brother of alleged abductee) exonerating accused‑ Question of guilt/innocence of accused, requiring further inquiry‑‑Bail granted in circumstances.

Mumtaz Mustafa for Petitioner.

M.A. Hamid for the State.

This is an application for bail on behalf of Ghulam Qadir alias Qadir petitioner in a case under section 365/382, registered at P. S. City Rahim Yar Khan, vide F.I.R. No.170/84 dated 28‑4‑1984.

2. The prosecution case is that Ghulam Qadir, the petitioner and his co‑accused Ghulam Kibria abducted Saeed Ahmad in order to confine him wrongfully and that they also committed theft of Motor‑Cycle after shaving made preparation to cause hurt.

3. Learned counsel for the petitioner submits that the petitioner has been found innocent during the investigation.

The learned counsel for the State is not in a position to controvert the submission of the learned counsel for the petitioner. After having consulted the police file, he submitted that Muhammad Younas complainant has also made statement on 24‑7‑1954 exonerating the petitioner.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that not only the Investigating Office but also the complainant who is the real brother of the alleged abduct have exonerated the petitioner. In this view of the matter, the question of the guilt/innocence of the petitioner, at least, requires further enquiry. The petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Rahim Yar Khan.

H.A.K. Bail granted.

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