This is an application for bail on behalf of Muhammad Rafiq in a case under section 364, P.P.C.
Registered at P. S. Samanabad, Lahore, vide F.I.R. No. 96 of 1981.
The allegations against the petitioner are that he abducted Liaqat aged 24/25 years in order that he may be murdered or may be so dis--posed of as to be put in danger of being murdered.
2. Learned counsel for the petitioner submits that there is delay of one month and 20 days in lodging the F.I.R. That the petitioner was arrested by the police, interrogated but he was not inclined to lead to the recovery of the alleged abductee; that investigation has been transferred to the Crimes Branch, Lahore, or it is not known as to when the challan would be submitted and that although the Crimes, Branch were given chance to complete the investigation yet the investigation is not complete.
3. Learned counsel for the State has opposed this petition. He submits that it is a case of heinous crime and the alleged abductee has not yet been recovered:
4. After hearing the learned counsel for the parties, I find that the petitioner was arrested on 13th June, 1981, interrogated but he was no inclined to lead to the recovery of the alleged abductee and it is not known as-to when the investigation would be completed.
In these circumstances, no useful purpose would be served by keeping the petitioner in Jail. He is, therefore, allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of A.C. Lahore.
5. The petitioner is directed to join the investigation and in case he fails to do so it would be open to the State or the complainant to apply for the cancellation of his bail before this Court or before the Court of Sessions. In case the alleged abductee, after his recovery implicates the petitioner in the commission of the crime, the State would be at liberty to move for cancellation of bail on that ground.