ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.D-08 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Before:

Mr. Khadim Hussain M.Shaikh-J

Mr. Irshad Ali Shah-J,

For hearing of bail application.

31.03.2020.

Mr. Bahadur Ali Shahani, advocate for applicant.

Mr. Anwar Ali Kandhro, D.P.G for the State.

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Irshad Ali Shah J;- The facts in brief necessary for disposal of instant bail application are that PW Abdul Jabbar was abducted by unknown culprits, for his release demand of Rs.500,000/- as ransom was made, out of it an amount of Rs.190,000/- in parts as ransom was paid by the complainant party to the culprits allegedly involved in the incident through “Easy Paisa Load” on telephone number, which is alleged to be of the applicant. The police party consisting of complainant Inspector Miran Khan Durrani of P.S Rehmatpur went at the place of incident and got released the said abductee, while he was found lying tied there, whereas the unknown culprits involved in the incident allegedly made their escape good from the place of incident. On investigation, the applicant was arrested and then was reported upon by the police before learned Judge, Anti Terrorism Court, Larkana, to face trial for the above said offence.

2. The applicant sought for his release on bail by way of filing such application. It was dismissed by learned trial Court and he now by way of instant application u/s 497 Cr.PC has sought for his release on bail from this Court pending trial.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police, otherwise he being resident of Lahore and enjoying good reputation business reputation has nothing to do with the commission of the alleged incident, therefore, he is entitled to be released on bail on point of further inquiry.

4. Learned D.P.G. for the State has opposed to release of the applicant on bail by contending that he is involved in this heinous offence, which is affecting the society at large.

5. We have considered the above arguments and perused the record.

6. The FIR of the incident has been lodged after one week of abduction of PW Abdul Jabbar, which appears to be incredible. All the culprits involved in abduction of PW Abdul Jabbar are alleged to have made their escape good from the place of incident, which appears to be surprising. PW Abdul Jabbar has not been recovered from the captivity of the applicant in person. There is no independent witness to the incident. The involvement of the applicant in commission of the incident only for the reason that he allegedly acknowledged the part payment of ransom through “Easy Paisa Load” and his vicarious liability in the commission of the alleged offence needs thorough probe. The case has finally been challaned. In these circumstances, the applicant is found entitled to be released on bail as his case is calling for further inquiry.

7. In view of the above, the instant bail application is allowed and the applicant is directed to be released on bail on his furnishing a solvent surety in sum of Rs.500,000/- and P.R bond in the like amount to the satisfaction of learned trial Court

8. Needless to state that the observations made above are tentative in nature, which may not affect the case of either party at trial.

JUDGE
JUDGE