Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 365/452/302/324/337-H(2)/109/148/149

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss 365/452/302/324/337-H(2)/ 109/148/149---Bail, grant of---Accused were not mentioned in F.I.R., but were nominated after a period of more than one month on a supplementary statement of complainant---Even in said statement, it was stated that accused was driving the truck wherein alleged abductee in the company of other co-accused was traveling---Role attributed to accused was not distinguishable from their co-accused who had already been allowed bail---Submission of challan in Court, was no ground to refuse bail---Accused were admitted to bail, in circumstances.   Mian Anwaar-ul-HaqRamay and Maqbool Ahmad Bhatti for Petitioners.   Sh. Muhammad Latif for the State.   Ch. Azmat Khan for the Complainant. ORDER This order will dispose of Criminal Miscellaneous No.7352/B of 2001 and No.3/B of 2002 as both are outcome of the same F.I.R. Muhammad Hussain son of Hakim Ali and Muhammad Hussain son of Allah Ditta seek after arrest bail in case F.I.R. No.842 of 2000 dated 18-11-2000, under sections 365/452/302/324/337-H(ii)/148/149/109, P.P.C. registered with Police Station Phoolnagar, at the instance of Muhammad Aslam. Learned counsel for the petitioners contend that the petitioners were not nominated in the F.I.R. They were implicated subsequently in supplementary statement got recorded by the complainant on 22-12-2000 while the F.I.R. was recorded on 18-11-2000. Even in supplementary statement the role attributed to Muhammad Hussain son of Allah Ditta is that he was driving the truck on 21-11-2000 wherein the accused alongwith Barkat Ali, deceased were traveling. While against Muhammad Hussain son of Hakim Ali the evidence is that he was also accompanying the co-accused that co-accused Hakim Ali Ashraf and Noor Muhammad have been allowed bail by this Court vide order dated 26-6-2001 through Criminal Miscellaneous No. 2723/B of 2001 and the case of the petitioners is at par with their co-accused and they are also entitled for the same concession. Conversely, the bail has been opposed by the learned counsel for the complainant and for the State. Learned counsel for the…

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