1. ' Present applicant is seeking pre-arrest bail in Crime No,149 of 2001 under section 364/34, P.P.C.
2. Registered with Police Station Alfalah, Karachi. He moved pre-arrest bail application before the learned Sessions Court but without success, hence this pre-arrest bail application.
3. ' Brief facts of the case are that on 30-7-2001 when complainant was sitting in front of Habib Hotel alongwith his other friends meanwhile, white car came which was occupied by Abdul Aziz, Painda Khan, Ghulam Jan and Guddu and they belong to the native place of the complainant. They told Ghulam Jan (victim) that they want to go to the house of Haji Kashmore and Ghulam Jan sat with them in their car. After some time Haji Kashmore came there and inquired from him as to where Ghulam Jan has gone, on such query Haji Kashmore replied that he will check him at his house and thereafter he informed that Ghulam Jan has not gone to his house and he is not there. According to the complainant he has expressed suspicion that the aforenamed Sikandar Khan came in car and might have taken him with them and they may cause any loss to Ghulam Jan because Haji Kashmore has dispute over piece of land at native village. Complainant made search on his own and thereafter he went to police station and lodged F.I.R.
4. ' Mr. Suleman Badshah, Advocate for the applicant, has contended that there is a delay in lodging of F.I.R. Which goes unexplained by the complainant. Co-accused Painda Khan, Ghulam Jan and Guddu are still at large/absconders. He has further argued that although name of the applicant appears in the F.I.R. But no specific role is assigned to him. Enmity is admitted between the parties and false implication cannot be ruled out in the instant case. Learned counsel has relied upon PLD 2000 Karachi 74 and finally has prayed for confirmation of bail.
5. ' On the other hand Mr. Ejaz Khattak, Advocate for the complainant, has opposed to the grant of bail on the ground that the present applicant was granted pre-arrest bail by Senior Civil Judge/Judicial Magistrate Tank with direction to join investigation but he failed to join investigation. So far the kidnapee has not been recovered, the recovery is yet to be effected. He has relied upon 1985 SCMR 980, 1997 MLD 1335 and 1999 MLD 1203. Finally he has opposed to the confirmation of bail.
6. ' Mr. Fazal-ur-Rehman, Advocate for A.-G. For the State, has raised no objection to the confirmation of bail as no specific role is assigned to the applicant. He has further suggested that if the kidnapee Ghulam Jan is recovered from custody of the applicant, the learned Trial Court be directed to cancel the bail and the applicant should strictly be directed to join investigation and in the event of failure to join investigation, the complainant would be at liberty to move cancellation bail application before the learned trial Court.
7. ' I have considered the arguments of learned counsel for the parties at length and have gone through the material available on record and the impugned order. I have also gone through the case-law cited by the learned counsel for the parties.
8. Admittedly the name of the applicant appears in the F.I.R. But with no specific role. Admittedly there is a delay of nine days with regard to the registration of F.I.R. Which goes unexplained by the prosecution. Admittedly there is enmity between the complainant and the present applicant and this has been admitted by the complainant in the F.I.R. So far Ghulam Jan kidnapee has not been recovered. The present applicant appears to be an old man and the mala fide can be spelt out even from the contents of the F.I.R. And false implication at this stage cannot be ruled out tentatively.
9. ' In view of above I am of the considered view that the complicity in the alleged offence is yet to be established at the time of trial. Accordingly the interim order, dated 4-9-2001 is confirmed on same terms and conditions. However, the applicant is strictly directed to join the investigation and if he fails to do so, the learned trial Court would be at liberty to, cancel the bail. Besides if the kidnapee Ghulam Jan is recovered from his custody at any stage, complainant party would be at liberty to move cancellation bail application before the competent Court of law.
10. ' Criminal Bail Application No,1111 of 2001 stands disposed of.
11. Interim confirmed.