' MUHAMMAD AFZAL SOOMRO, J.--- By this order, we intend to dispose of Criminal Bail Application No, D-392 of 2002 filed on behalf of applicant Manthar Kolachi in a case bearing Crime No,104 of 2001 registered on 1-8-2001 at Police Station, Kazi Ahmed for offence under sections 365-A, 148, 149, 337-H(ii), P.P.C. And 7-B ATA, 1997 District Nawab Shah. The bail plea of the applicant was declined by the learned Special Judge, Anti-Terrorism Court, No, III, Sukkur and Larkana Divisions at Sukkur vide order dated 3-6-2002.
2. The facts giving rise to the prosecution case are that complainant Ghulam Ali and P.W. Allah Dino used to work with Mistry Abdul Latif in Rafique Engineering Workshop and also used to reside there.
On 15-7-2001 at 9-30 p.m. Eight armed bandits broke entered in the workshop and raised a Lalkara' disclosing that nobody shall move. They directed complainant Ghulam Ali and Abdul Latif to accompany them. The armed persons were seen and identified on bulb light out of whom accused Ghulam Hyder Joono was armed with klashnikov, Zafar Ullah Joono, Hidayatullah Jatoi were armed with guns and rest of the five unidentified persons were armed with klashnikovs and remaining will be identified on seeing. The complainant and Abdul Latif were brought at the main gate and found two persons having klashnikovs. They abducted Bashir Ahmed Arain and Kamil Khasheli and were made' as hostages. All the accused persons in order to create harassment made firing in the air at the main gate. Complainant party followed the culprits and when they reached at old Petrol Pump, one truck was found parked on the road side in which two persons were available and they too were abducted in the same truck. All the four abductees and accused drove towards Hyderabad.
At 3-00 a.m. Accused persons stopped the truck at some unknown place where the culprits directed the four abductees alongwith 4 culprits armed with klashnikovs who were taken to Katcha side. Remaining culprits drove away the truck. At dawn time dacoit, brought the abductees at the den of notorious criminal Nizamuddin Jakhio. Accused Nizamuddin Jakhio disclosed the abductees that they have been kidnapped for the purpose of ransom and demanded cash of Rs,10,00,000 for their release. Abductees were detained in forest for 14 days at different places. On the next day of the incident complainant disclosed that at noon time accused Nazeer Ahmed, Shabbir Ahmed and Manthar Kolachi (present applicant) met co-accused Nizamuddin and was persuaded not to release abductees, till the ransom is received from them. It is stated that accused Nazeer, Shabbir and Manthar told co-accused Nizam that they will provide him all possible information. On 29-11- 2000 the brother of the complainant Muhammad Sulleman, uncle of P.W. Abdul. Latif and Muhammad Sharif uncle of Abdul Latif went in the forest alongwith Hoy Qur'an, in order to approach the gang leader Nizamuddin, for seeking release of the abductees. Thereafter, the F.I.R.
Was lodged against the accused as above. Police inspected the place of Wardat and recorded 161 as well as 164, Cr.P.C. Statements "of P.Ws. Abdul Latif, Kamil, Allahuddino, Haji Gul Muhammad, Bashir Ahmed, Muhammad Sharif and Muhammad Sulleman. Applicant was arrested by police on 2-8-2001.
3. The investigation followed and in due course the applicant was sent up to stand trial in the Court of learned Special Judge, Anti-Terrorism, Court No,III, Sukkur and Larkana Division at Sukkur.
4. We have heard the learned counsel for the respective parties and perused the record.
5. It has been contended by the learned counsel for the applicant that the case against his client is false who has been implicated in the background of enmity and suspicion. The F.I.R. Is delayed by 17 days and no satisfactory explanation is forthcoming. It has further been contended that besides complainant none of the P.Ws. Implicated the applicant. Lastly it has been urged that section 365- A, P.P.C. Has no applicability on the facts and circumstances of the case and in that eventuality the question of jurisdiction can be seriously looked into.
6. Mr. Sher Muhammad Shar, learned A.A.-G. Has opposed the grant of bail on the grounds inter alia that name of applicant fin& place in the F.I.R. And that all the P.Ws. In their statements recorded under sections 161 and 164, Cr.P.C. Have implicated the applicant Manthar Kolachi alongwith co- accused Nazir Ahmed Joono and Bashir Rind. The applicant frequently used to visit the forest. He also used to press upon the abductors that the kidnapees shall not be released until and unless the ransom amount is not recovered from them. It has lastly been contended that offence being very grave in nature, the applicant does not deserve the grace of bail.
7. We have given our anxious consideration to the arguments of learned counsel for the respective parties and perused the record which show that the name of the applicant find place in the F.I.R.
P.Ws. Allandino, Abdul Latif, Ghulam Muhammad, Bashir Ahmed and Kamil have implicated the applicant and co-accused in their statements recorded under section 161, Cr.P.C. The record further reveals that abductees after kidnapping were taken to jungle where they remained captive for 17 days without any access or knowledge of their relatives and as such it was not possible for them to make any arrangement of lodging F.I.R. In this background the delay in lodging the F.I.R. Has been materially explained. As per their statements recorded under section 164, Cr.P.C. Applicant Manthar Kolachi used to visit dacoits in forest and provide an information to them pursuing that they should not be released unless ransom amount of Rs,10 lacs is not received by the kidnappers. In the circumstances this application merits no consideration and is dismissed accordingly. By our short order, dated 27-10-2002 we have dismissed the bail application and above are the reasons for the same.