The petitioners seek post-arrest bail in case registered vide FIR No.78 dated 11.02.2022, at Police Station Ganjmandi, Rawalpindi, for offences under sections 365, 365-A, 109, P.P.C. read with section 7 of Anti-Terrorism. Act.
2. Allegation against the petitioners is that of abduction for ransom.
3. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that incident was reported with unexplained delay of more than two hours. The petitioners are not nominated in the crime report. Their features have also not been mentioned in the FIR. The statements of the abductee recorded under sections 161 and 164, Cr.P.C. are at variance regarding mode and manner of the occurrence. During the investigation recoveries stand effected from the petitioners and their physical custody was not required by the Investigating Agency. Every accused is entitled to fair and speedy trial and no bail can be withheld as punishment. The petitioners are behind the bars since arrest and their continuous detention for indefinite period would be unfair. All these considerations rendered the case against the petitioners one of through probe within the meaning of section 497(2), Cr.P.C.
4. For the foregoing reasons, this petition is allowed and the petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/ - each with one surety in the like amount to the satisfaction of learned trial court/ duty judge.