' The applicant is seeking bail for being involved in Crime No.21 of 2005, Police Station Taluka Nawabshah, registered on the complaint of one Abdullah under sections 364, 342, 506, 440, 148 and 149, P.P.0 . Accusing the applicant and the co-accused for forcibly entering upon the lands of the complainant party duly armed with deadly weapons, abusing them, issuing them threats of dire consequences and abducting one Khuda Bux with intention to kill him.
2. In support of bail application it was contended that the parties are in civil litigation with each other, the Applicant was implicated for political reasons, the prosecution story is unbelievable as no electric connection exists at the place of Wardat. It was further contended that the alleged abductee Khuda Bux voluntarily appeared before the Judicial Magistrate and recorded his statement to the effect that he was neither abducted nor was under any restraint.
3. On the other hand learned A.A.-G. Opposed the grant of bail contending that the applicant was nominated in the promptly registered F.I.R. That the offences alleged against the applicant fell within the prohibitory clause contained under section 497, Cr.P.C. And that the contention raised on behalf of the Applicant required deeper appreciation of evidence which was not warranted at the bail stage.
4. To further oppose the grant of bail it was contended by learned Advocate for the complainant that the person who appeared before the Judicial Magistrate to record his 164, Cr.P.C, statement was not the abductee but a different person residing at a different place and as such, the statement would have no bearing on the case, the controversy could only be thrashed out at trial.
5. The contentions put forward have been considered and the material placed on the record has been perused.
6. There is prima facie evidence to show that the place of occurrence was not electrified. No bulb was secured from the place of Wardat on which the accused/ applicants were said to have been identified. It is not disputed that the applicant is a political worker and a sitting M.P.A. It is also not denied that a person by name Khuda Bux appeared before the Judicial Magistrate-II, Nawabshah, and recorded his statement under section 164 Cr.P.C. To depose that he was not abducted.
Whether he was the same person as mentioned in the F.I.R. Or a different person requires further inquiry. Apart from that, when the parties are infected by hostilities, false implication cannot be simply ruled out.
' For the above reasons the bail was allowed by a short order, dated 6-5-2005 and the applicant was directed to be released against a surety in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.