1. ' Through this petition under section 497(5) Cr.P.C. The petitioner has applied for cancellation of bail granted to respondent No.2 vide order dated 12-11-2003 passed by the learned Additional Sessions Judge, Sahiwal in a case F.I.R. No.252 of 2003 dated 2-8-2003 registered under section 364-A/34 P.P.C. At Police Station City Sahiwal.
2. ' It is argued by the learned counsel for the petitioner that the impugned order passed by the learned lower Court by way of granting post-arrest bail to the accused respondent is against law and facts; that the learned lower Court was not justified while granting the relief of post-arrest bail to the accused respondent in the absence of recovery of the alleged abductee, that the learned trial Court has not acted judiciously by way of granting bail to the accused respondent, therefore the impugned order is liable to be set aside.
3. ' On the contrary, the learned State counsel has strongly opposed the petition contending that there was inordinate delay in lodging the case against the respondent and he was also declared innocent during the investigation conducted by the local police, therefore, the learned trial Court was justified while granting the relief of post-arrest bail to the respondent.
4. ' Heard both the parties. Record perused.
5. Record reveals that the accused respondent is named in the F.I.R. With specific allegation of abduction of Waqar Younis and there are statements of Ghulam Nabi and Sher Muhammad P.Ws.
6. Available on the record to connect the accused respondent with the crime complained. Although it has been contended by the learned counsel for the accused respondent that he has been declared innocent during the investigation and discharge report has been prepared for cancellation of case against him, yet the fact remains, firstly the Area Magistrate has not agreed with the discharge report submitted by the local police, secondly, ipsi dixit of the police is not binding on the Courts. More over the offence complained is of heinous nature and the recovery of the abductee is still to be effected therefore, in the absence of the recovery, in my view, the learned trial Court was not justified to enlarge the accused respondent on bail especially when the offence complained is of heinous nature and falls with the prohibitory clause of section 497 Cr.P.C.
7. Resultantly the instant petition is allowed, the impugned. Order dated 12-11-2003 passed by the learned trial Court whereby the accused I respondent was granted post-arrest bail is hereby set aside and the post arrest bail of the accused respondent is cancelled.