ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Bail Appl. No.42 of 2009

DATE ORDER WITH SIGNATURE OF JUDGE

PRESENT

1. Mr. Amir Hani Muslim J.

2. Mr. Ahmed Ali Shaikh J.

1. FOR ORDER ON MA NO.2633/09.

2. FOR HEARING

19.11.2009.

Mr. Aftab Ahmed Bhutto Advocate for applicants

Syed Meeral Shah Deputy Prosecutor General Sindh for the State =

Ahmed Ali Shaikh J: Through this Bail Application, applicant seeks post arrest bail in Special Case No.14/2009 culminating from crime No.94/2009 of P.S. Bhitai Nagar, Hyderabad for offence punishable u/s 365-A and 215 PPC r/w sections 6/7 ATA.

2. The bail plea of the applicants has been turned down by the trial court vide order dated 27.07.2009.

3. The facts leading to this bail application are that on 15.04.2009 Kishore Kumar, younger brother of complainant Esar Das was called by Abdul Fatah Abro at Marvi Town Hyderabad as Kishore Kumar and Abdul Fatah were on visiting terms with each other, till 7.30 p.m, Kishore Kumar did not return on which complainant tried to contact him through his mobile phone but same was off. Thereafter the complainant tried to trace out his brother but in vain, following which he informed the police on 15. On next day, complainant received a telephone call from the accused, who demanded Rs.80,00,000/- as ransom for release of Kishore Kumar but finally ransom amount was settled at Rs.4,00,000/-. On 17.04.2009, complainant and his cousin Asha Ram went together at Chhandan Mori behind Shahbaz Petrol Pump with ransom money, where they found six persons with muffled faces. After receiving the ransom money, from the complainant, the culprits handed over the abductee to them, who was not feeling well. The complainant brought him at Hyderabad and got his treatment. After treatment, Kishore Kumar disclosed that on 15.04.2009 he was called by Abdul Fatah Abro and at about 8.00 p.m. when he reached at Marvi Town behind Suzuki Showroom, where Abdul Fatah Abro and three other persons armed with pistols were standing, immediately they got boarded him in a black colour car and proceeded towards Matiari; at Chhandan Mori they handed over him to two persons, who kept him for three days. Meanwhile he came to know that Abdul Fatah Abro has got abducted him with the help of his companions namely Gul Hassan, Meehan Khoso, Imran Ali Abro, Achar Machhi and Dhani Bux @ Dhano. He further disclosed that Abdul Fatah Abro had received the ransom amount.

4. It is inter alia contended by the learned counsel for the applicants that the applicants are innocent and have been implicated in this case due to enmity with powerful and wealthy persons. There is no evidence whatsoever in nature against the applicants; the complainant is not eyewitness of the occurrence; the prosecution is unable to explain that how the names of present applicants came on record and from plain reading of FIR, it transpires that neither the names of the present applicants transpire in the FIR nor they were present at the time of alleged abduction and nor they demanded ransom money from the complainant party; no identification parade has been arranged in respect of present applicants whereas the FIR is also belated by one month without explanation. He lastly submitted that co-accused Dhani Bux has been admitted on bail by the trial court, therefore, applicants also deserve the concession of bail.

5. Conversely, the learned State counsel vehemently opposed the bail plea of the applicants stating that there is sufficient material connecting the applicants/accused with the commission of offence; no enmity has been shown with the complainant party; they are involved in heinous offence i.e. kidnapping for ransom and the applicants are not entitled for concession of bail.

6. No doubt there is delay in lodging the FIR but same has been properly explained. The abductee was in the clutches of the criminals, therefore, keeping in view the safety and security of victim, the delay in lodging the FIR is natural and nobody will dare to take the risk of life of his nearest and dearest one while he is in the clutches of criminals. After release from the clutches of the culprits, the abductee has implicated the present applicants alongwith co-accused Abdul Fatah Abro and others, in his 164 Cr.P.C. statement. Since the applicants have been nominated in FIR and 164 Cr. P.C statement of the abductee, therefore, question of their identification parade is out of consideration. Police has recovered the ransom money from the applicants. So for the plea of bail granted to co-accused Dhani Bux is concerned, same has been granted to him on the basis of affidavits, filed by the complainant and abducttee by which they have exonerated him from commission of offence, therefore, case of co-accused Dhani Bux is entirely on different footings. During investigation, sufficient material has been collected against the present applicants, which prima-facie connect the applicants with the commission of offence. It is repeatedly held by the Hon’ble Supreme Court that while deciding the bail application, only tentative assessment of the evidence is to be made and deeper appreciation of the evidence cannot be undertaken.

7. In view of the above circumstances, we are of the considered view that applicants are not entitled to the concession of bail at this stage.

8. For the foregoing reasons, we had dismissed the bail application vide our short order dated 18.11.2009.

JUDGE

AKC