Law: Criminal Procedure Code (V of 1898)

Section: 497 , 2

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.365-A/109---Bail, grant of---First F.I.R. did not contain any allegation against accused---Second F.I.R. implicating the accused was lodged after an inordinate delay of more than 18 ,months which was not plausibly explained by the prohibition --Solitary witness relied upon by tile prosecution had sworn affidavits before Trial Court as well as High Court exonerating the accused of the charge---Allegation against accused available on, record, if believed, might at the most fall under 5.201, P.P.C. but in no way under S.365-A, P.P.C.---Reasonable grounds, thus, existed to believe that the .accused was not guilty of the offence with which he was charged and his case required further inquiry---Accused was admitted to bail in circumstances. (p. 3611 A & B A.Q. Halepota for Applicant. Muammad Sarwar Khan, Asstt. .-G., Sindh for the State. ORDER By a short order, dated 11-4-1995 we had allowed the hail application and granted bail to the applicant Rais Naban Klidn Lund in the sum of Rs.10,00,000 (Rupees ten lacs only) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court. Following are the reasons for our short order. The applicant is facing trial under sections 365-A, 109, P.P.C. in Crime No.184 of 1992, police Station Dadu. The brief facts of the case are that on 11-5-1991 three Chinese engineers working on a WAPDA Project were abducted by certain dacoits from near Bhan Town in District Dadu. The F.I.R. of incident was lodged on 11-5-1991 by S.I.P. Rasool Bakhsh, P:S. Dadu. In that F.I.R. it was mentioned that the gang of dacoits Laiq Chandio had abducted the Chinese Engineers. Those abductees were recovered from Saeedpur Forest on 5-6-1991 by the police of Dadu and Bhan Saeedabad but none of the abductors were apprehended. . Contention of the learned counsel for the applicant is that on 22-12-1992 another F.I.R. was lodged against the applicant by S.I.P. Rasool Bakhsh Siyal of P.S. Dadu on   the orders contained in letters dated 3-12-1992 and 9-12-1992 issued by the Brigade Major Infantry Group Dadu and S.S.P., Dadu respectively. In this F.I.R., it…