This is a petition under section 498, Cr.P.C. By Muhammad Shafi, petitioner, for bail in respect of a case instituted against him and six others under section 364/302/148/149, P.P.C. At Police Station Chunian, District Kasur, on 14-3-1982.
2. On 14-3-1982 Sardar Sawalla, complainant, met Qutab Din A.S.I. Police Station Chunian and got recorded his statement stating therein that his brother Arshad Mahmood was a complainant in case F.I.R. No. 149 of 1981 under section 302/307/148/149, P.P.C. Police Station Chunian. About six months ago the petitioner along with his co-accused Zafar alias Zafri, Muhammad Munir, Muhammad Ashraf, Muhammad Younis, Jahangir, and Akbar had taken away Arshad Mahmood from Chunian on the pretext of appearing before the Inspector-General of Police, in connection with the murder case F.I.R. No. 149 of 1981, and he did not return to his house, thereafter. The complainant then enquired from Zafar alias Zafri, co---accused, about the whereabouts of his brother, but he could not get any clue; upon which he submitted an application against Zafar alias Zafri co---accused etc., before the police and interrogation was made on the said application, but his brother's whereabouts could not be found and then after about six months he got recorded his said statement.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. The prosecution has the following items of evidence against the petitioner:-
(a) The statement of Sawalla P.W. To prove the motive, namely, that Arshad Mahmood, deceased, had registered F.I.R. No. 149 on 5- 1- 1981 under section 302/307/148/149, P.P.C. At Police Station Chunian against ten accused relating to the murder of Muhammad Sharif, a brother of Muhammad Shafi, and present petitioner, and injuries to Arshad Mahmood, the present deceased, in which case Arshad Mahmood, the present deceased, had falsely become a complainant, to shield Qutab Din, his brother, who was the real culprit.
(b) The statements of Sawalla, complainant, Mian Muhammad Siddique and Nur Ahmad P.Ws. To show that Muhammad Shafi, petitioner, and his other six co-accused, had taken away Arshad Mahmood, deceased, from Chunian, on the pretext of appearing before the Inspector-General of Police in connection with the said murder case F.I.R. No. 149 of 1981.
(c) The statements of Shaukat Ali, Muhammad Ali and Muhammad Sadiq Inspector P.Ws. Showing the recovery of the watch of the deceased at the instance of Muhammad Shafi, petitioner, on 8- 6- 1986 from his house (in which Zafar, co- accused, also lived).
(d) The abscondence of Muhammad Shafi, petitioner, from 5-12-1982 to 25- 5-1986.
4. In the absence of the recovery of the dead body it is not possible to assess whether the presumption which can be drawn from the evidence of persons who last saw the deceased with the accused, can be drawn. Without going on the record as having given any opinion in the matter, I would only say, for the limited purposes of this bail petition, that the above items of evidence which the police have, do not unequivocally create reasonable grounds for believing that the petitioner is guilty of the offence imputed to him. The abscondence of the petitioner now alone remains against him. I think the taking of adequate security would guard against his future abscondence.
5. For the foregoing reasons, this petition is accepted and Muhammad Shafi, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees fifty thousand (Rs.50,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kasur.