1. Through this petition, the petitioner namely Waqas Abid seeks his release on post-arrest bail in case F.I.R. No, 16/2017, dated 31.3.2017, offences under Sections 4 & 5 of ESA, 11-F(2)/11-G(2) read with Section 7 of ATA, 1997, registered with. the Police Station CTD, Multan.
2. 2.According to the contents of the F.I.R., on 31.3.2017, in response to a spy information, the petitioner along with his accomplice namely Ahsan Yousaf and Munazam Ali was off-loaded from a van coming to Bahawalpur from Lodhran Side near Small Industrial Area Bahawalpur. On checking, five books titled Millat-e-Ibrahim and a Iland Grenade was recovered from a bag holding by the petitioner in his hand.
3. 3.Arguments heard. Record perused.
4. 4.Having heard the arguments advanced by learhed counsel for the parties and perusal of record we have straightway observed that on the application of one Hafiz Abdul Ghaffar a case F.I.R. No 64/2014, dated 20.2.2014, under Section 365, P.P.C., Police Station Naikapura, District Sialkot has been registered with regard to abduction of the petitioner. Thereafter, an application has been moved before commission of Inquiry of Enforced Disappearances Directorate General Civil Defence Building with regard to missing of petitioner and on 17.12.2014 in order to trace out the whereabouts of the petitioner Horne Secretary, Punjab, was directed to constitute a Joint Investigation Team.
5. However, no inquiry was conducted in this regard. There is nothing on record to establish that the petitioner is connected with any banned organization as recovery of some books fails to provide any material in this regard. The only incriminating material against the petitioner is alleged recovery of hand grenade, the report of expert in this regard is still awaited. No direct evidence against the petitioner is available on the record. Further no independent witness has been cited at the time of recovery by the prosecution. The authenticity/status of the alleged recovery from the petitioner would be ascertained by the learned trial Court after recording the evidence. All these facts render the case of the petitioner within the ambit of further inquiry.
5. The petitioner is behind the bars since his arrest and no more required by the police for further investigation. Further detention of the petitioner as such will not serve any useful purpose and that too for an indefinite period. The petitioner had no previous history and record.
6. 6.Pursuant to above discussion we are inclined to accept the petition and as such while allowing the same petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in a sum of Rs, 5,00,000 (five lacs) with one surety in the like amount to the satisfaction of trial Court.
7. 7.It is, however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.