' The petitioners who are involved in a case under sections 324, 148, 149, 451, 342 and 354-A, P.P.C.
Arising out of F.I.R. No,37, dated 10-2-1993 registered at Police Station Saddar Bhakkar seek to be admitted to bail.
2. Briefly the allegation against the petitioners is that they while armed with deadly weapons entered in the Haveli of the complainant by scaling over boundary wall. They attempted to abduct Mst. Bakho Mai and made ineffective firing.
3. Learned counsel for the petitioners contended that the F.I.R. Does not disclose the commission of offence under section 354-A, P.P.C. But later on police tried to make out this offence by recording supplementary statement of the alleged abductee. In that Zimni no time is mentioned when this statement was recorded. He further contended that even the learned Sessions Judge came to the conclusion that no offence under section 11 of Hudood Ordinance is made out. If these two offences are excluded then the offence would fall under sections 451, 342 and 337, P.P.C. And these offences do not fall within the prohibitory clause so the petitioners are entitled to the grant of bail. In the end he submitted that both the petitioners took up this plea that on account of previous scuffle between the petitioners' brother Akhtar Abbas and Mst. Said Bibi who is sister of the accused petitioners this case has falsely been cooked up against the petitioners and in the presence of this material the petitioners are entitled to the grant of bail in spite of the fact that the case falls within the prohibitory clause as the case against them is one of further enquiry He has placed reliance on 1989 PCrLJ 954 and 1989 P Cr. L J 1453.
4. The learned counsel for the State assisted by the Police Officer has opposed this bail application and submitted that the petitioners are involved in a case which falls within the scope of section 354-A, P.P.C. Read with section 11 of Ordinance VII of 1979, so they are Involved in a case which falls within the prohibitory clause and they are not entitled to the grant of bail.
5. I have heard the learned counsel for the parties and perused the police file.
6. The learned Sessions Judge while dismissing bail application of the petitioners held that the petitioners are not involved in an offence under section 354-A, P.P.C. As well as section 11 of Ordinance VII of 1979. Excluding these offences the case against the petitioners does not fall within the prohibitory clause hence they are entitled to the grant of bail as the case against them falls within the scope of section 497(2), Cr.P.C. As it would be determined after recording of some evidence what offences actually the petitioners have committed. In these circumstances the petitioners are admitted to bail provided they furnish bail bond in the sum of P s.50,000 with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Bhakkar.