'HAFIZ ABDUL REHMAN ANSARI, J.---Khizar Hayat son of Ramzan, petitioner, through this petition under section 497 Cr.PC, seeks post-arrest bail in case F.I.R. No,223 dated 19-7-2007, registered with Police Station Sarai Sidhu, District Khanewal for offences under sections 324/365- B/379/337- A(ii)/337-L(ii)/337-H(ii)/ 337F(ii)/452/148/149 P. P. C . The petitioner has been declined bail by the learned Additional Sessions Judge, Kabirwala, vide order dated 17-9-2009. Hence this petition.
2. Allegation as narrated in the F.I.R. Is that he along with his co-accused fired with his .12 bore. Gun which hit on the head of Allah Bakhsh, father of complainant Ghulam Abbas.
3. The learned counsel for the petitioner submits that the petitioner was arrested on 31-7-2007 and since then he is behind the bars; that challan was submitted firstly on 20-8-2007 against the petitioner and thereafter against the other co-accused Muhammad Sharif on 20-3-2009 and since then there is no progress in the trial; that Mst. Azra, the alleged abductee was abducted by complainant Ghulam Abbas himself when the negotiations were being made for the return of said Mst. Azra, whose husband Umar Hayat is brother of the present petitioner; that the this Court allowed bail to co-accused Umar Hayat and Bashir Ahmad vide order dated 24-9-2008 in Criminal Miscellaneous No,1843-B of 2008; that allegation of abduction of Mst. Azra seems to be very grotesque and astonishing that Umar Hayat who married with the said lady Mst. Azra was abducted on 21-10-2002. Submits that keeping the principle of consistency the petitioner will also be entitled to the post arrest bail.
4. The learned DDPP has vehemently opposed the petition for grant of bail.
5. I have heard the learned counsel for the parties and perused the record. Admittedly the petitioner is behind the bars since 31-7-2007 and there is no progress in the trial. The petitioner cannot be kept behind the bars for an indefinite period. The alleged abductee Mst. Azra, wife of Urnar Hayat who is brother of the petitioner, did not support the statement of the complainant. In fact, Mst. Azra was abducted by the complainant who got prepared bogus Nikahnama. Factually Mst. Azra had married with Umar Hayat brother of the petitioner on 21-10-2002. Statement of the alleged abductee that she was not abducted by the petitioner of his brother Umar Hayat makes the case of the petitioner that of further inquiry. Umar A Hayat and Bashir Ahmed have been allowed bail, therefore on the principle of consistency the petition is also entitled to be released on bail.
6. In the light of the above discussion, the petitioner is allowed bail subject to furnishing bail bonds by the petitioner in the sum of Rs,1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the trial Court.