' TASSADUQ HUSSAIN JILLANI, J.---Petitioner along with 10 . Others was proceeded against in terms of the case registered vide F.I.R. No,136 of 2011 dated 8-3-2011 under sections 365-B, 364, 337-H(ii), 148, 149, P.P.C. At Police Station Bhawana, District Chiniot on the statement of Muhammad Arif.
2. The prosecution story briefly stated is that on the night between 7/8 of March, 2011, petitioner along others abducted Mst. Nasreen Bibi, Mst. Anees Bibi and Mst. Bano Bibi while they were asleep at complainant's house.
3. Learned counsel for the petitioner seeks bail on the ground that the case is false; that petitioner and complainant are closely related; that 8 out of 11 accused named in the F.I.R. Have been found to be innocent during investigation and a final report under section 173, Cr.P.C. Was submitted only qua the 3 accused including the petitioner. Adds that even the petitioner was declared innocent during investigation.
4. Learned Additional Prosecutor-General opposed the petition. However, on court query, he did not deny that the police during investigation, did not give-any positive opinion with regard to the guilt or the innocence of the petitioner and it left the matter to be decided by the Court. Adds further that one of the abductees namely Mst. Bano Bibi had made a statement in the High Court in Writ Petition No,25630 of 2010 that petitioner had not abducted her.
5. Having heard petitioner's learned counsel at some length, we find that since the major part of the prosecution story has been found to be false, all the co-accused are on bail and one of the abductees has exonerated the petitioner, the question. Of petitioner's guilt would require further inquiry. Consequently, this petition is converted into appeal and allowed and subject to petitioner's furnishing bail bonds in the sum of Rs,50000 with one surety to the satisfaction of the learned trial Court, he shall be released on bail.