Petitioner Sakhawat @ Safdar @ Chabboo through the instant petition has sought for post arrest bail in case F.I.R. No, 213 originally registered under Section 364 PPC with Police Station Ganda Singh Wala, District Kasur on 7.9.2010. Later on, the police is stated to have added the offence under Sections 302 and 201 PPC in the same.
2. Briefly the prosecution case as per the F.I.R. is that on 4.9.2010 at about 9.00 p.m., Sakhawat @ Chabboo, Muhammad Ghaffar Ghaffari and two unknown persons on fire-arms point have abducted Khalil Ahmad, the son of the complainant and took him towards the South on a tractor.
They were seen while taking him away by Sabir Ali and Munir Ahmad, the residents of the village. It has been apprehended that the accused alongwith their companions have murdered him.
3. After hearing the learned counsel for the parties and perusing the record, I find that he is named in the FIR. In the same, it has been alleged that he alongwith his above named companions on fire- arm point has abducted the said son of the complainant and took him towards the South on a tractor and they were seen doing so by aforesaid Sabir Ali and Munir Ahmad. Later on, the abductee was learnt to have been murdered and his dead body was disposed of by them to avoid the legal consequences of their such an act. The alleged offence does fall within the prohibition contained in Section 497(1) Cr.P.C.
4. The learned DPG has informed that during the investigation, lit has been found that he simply has abetted his co-accused in the commission of the alleged offence. The opinion of the police if any, is not binding upon Court.
5. In these circumstances of the case, I do not find him entitled to bail at this stage. The petition, therefore, is dismissed.