M UHAM M AD AAM IR NAW AZ RANA, J. Through this application, the applicants seek post-arrest bail in case FIR No.10/2022 dated 13M1.2022 Police Station Saddar Loralai. Earlier bail application filed by the applicants had been rejected by learned Special Judge, Anti Terrorism Court, Loralai (herein- after "the trial Court") vide order dated 07.07.2022.
2. Succinctly facts of the case are that on 13.01.2022 at 08:20 p.m.,' FIR No.10/2022 under sections 386, 392, 506(2), 34, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997 was lodged with Police Station Saddar Loralai on the complaint of one Abdul Sattar son of Yar Muhammad with the averments that the accused Ajab Khan and Behram Khan had demanded extortion money (urdu text ) from him and had threatened him for dire consequences; that on the fateful day, when he was going to his home in his V8 vehicle and reached near Jamal Petrol Pump, the accused Ajab Khan and Behram Khan along with two unknown persons, armed with Kalashnikovs, intercepted him with Vigo vehicle and snatched his vehicle and mobile phone; that they also demanded extortion money (urdu text) worth 20 million from him.
3. Learned counsel for the applicants mainly contended that the applicants are innocent and have falsely been implicated in the instant case; that the allegation of demand of extortion money (urdu text) is false and fabricated; that the witnesses mentioned in the FIR are close relatives of the complainant.
Learned counsel further stated that apart from the above, the case is of further inquiry as there exists civil dispute between the parties, therefore the applicants are entitled for grant of bail.
4. On the contrary, learned State Counsel appearing on behalf of the State mainly opposed the request of learned counsel for the applicants for grant of bail with the contentions that since applicants Nos.1 and 2 have specifically been nominated in the FIR and the stolen vehicle has also been recovered from the possession of applicants Nos.1 and 2, therefore the applicants are not entitled for concession of bail.
Arguments heard. Record perused.
5. As per contents of FIR, the incident took place on 13.01.2022 at about 10:25 am, while FIR was lodged on the same date at 08:20 pm. The applicants Nos.1 and 2 have specifically been nominated in the FIR and allegation of demand of extortion money (urdu text) has been levelled against them which is a scheduled offence under the Anti-Terrorism Act, 1997.
Learned counsel for the applicants has made effort to persuade us to appreciate the intrinsic value of the available material in depth which exercise in view of precedent set by this Court as well as by the Hon'ble Supreme Court should be avoided at bail stage. The applicants Nos.1 and 2 have not been able to make out a case for grant of bail after arrest, whereas, on the same touchstone, the case of applicant Nos.3 and 4 has been considered and it transpires that the applicants Nos.3 and 4 are not nominated in the FIR and on 14.01.2022 through supplementary statement, their names were surfaced that too on the basis of affidavit submitted by the complainant. As per record, no identification parade was conducted so without further dilating upon merits of the case, we are of the opinion that to the extent of applicant Nos.3 and 4, the case of further inquiry within the ambit of section 497(2), Cr.P.C. has been made out.
On the basis of tentative assessm ent of the material available before us, the application to the extent of applicants Nos.1 and 2 i.e. Ajab Khan and Behram Khan is dismissed, whereas the application to the extent of applicant Nos.3 and 4 is accepted and applicant Nos.3 and 4 i.e. Amanullah son of Abdul Manan and Naseebullah son of Juma Khan are admitted to bail subject to furnishing surety in the sum of Rs.500,000/- (Rupees five hundred thousand only) each with PR bond of the like amount to the satisfaction of Additional Registrar of this Court or trial Court.
The observations given above are tentative in nature and same shall not influence the merits of case pending trial, which has to be decided on its own merits.