MALIK HAQ NAWAZ, J.---The petitioners are accused of the offences under sections 364/34, P.P.C. vide FIR No.37/2019 dated 17-03-2019.
2. The brief facts of the case are mentioned in para 2 of the impugned judgment, which are re-produced as under:-- "Brief facts of prosecution's case according to FIR are that petitioners/accused Shehbaz Alam and Touseef Abbas abducted complainant Karim Khan and attempted to commit murder while petitioner/accused Shah Jahan involved in abetment of aforesaid offence. Hence this case has been registered in Police Station City Gilgit under sections 364,324/34 and 109, P.P.C. vide FIR No.37/2019 on written application of complainant."
3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the case due to mala fides and there is no worth reliance evidence available on record to connect the petitioners with the alleged crime. Whole the story narrated in the FIR does not appeal to a prudent mind. No independent witnesses have been cited in the case to support the version of the complainant. No recovery of pistol has been effected from the petitioners and there is no medical evidence available on record to support the version of the complainant. The case of the petitioners is one of the further inquiry and they be admitted to bail. The learned counsel relied on PLD 2014 SC 760, PLD 1994 Peshawar 155, 2010 PCr.LJ 795 and 2009 YLR 941.
4. The learned Dy. Advocate General and the learned counsel for complainant opposed the bail and submitted that the complainant was having no malice/motive to involve the petitioners in the crime. The complainant narrated a natural story in the FIR. Mere non recovery of a pistol will not advance the case of the petitioners for grant of bail.
5. The petitioners are not nominated in the FIR. Later on an identification parade was conducted in which the complainant identified the petitioners. The petitioners deceitfully booked the taxi of the petitioners. There has been no apparent reason, which motivated the complainant to involve the petitioners in the crime. Non-recovery of pistol will not be of any help for the petitioners, while deciding a bail application in a case of the instant nature. There is a prima facie case against the petitioners and the bail upto the extent of the petitioners namely Shahbaz Alam and Touseef Abbas is declined. However the case of petitioner Shah Jahan is at different footing as he was not present at the place of occurrence and has been charged under section 109, P.P.C. The case of petitioner Shah Jahan is one of the further inquiry. He is admitted to bail subject to his furnishing a bail bond in the sum of Rs.10,00000/- (ten lac) with two sureties each in the like amount to the satisfaction of learned trial Court.
6. Petition partially allowed.